54 



HE^POF^T" 



#^t 



■^. 



Oyster CoMMiSfeioN 



STATE OF MARYLAND, 

11SJj6 



T^5^iT'rr.A.i^-:r, ±oa^. 



ANNAPOLIS: 

James Young, State Printer. 

1884. 




Qass 2±iHLL5 

-Mr. 



R,E^PO]^T 



\ 



Oyster Commission 



STATE OF MARYLAND, 

llSiG 



J.£^1^TJJL.:U,-^, ISS^. 



ANNAPOLIS: f- 
James Young, State Printee. 
1884. 



Geological Survey 

Fee 

^1330 






To the Honorable the Oeneral Assembly of the State of Maryland : 

The Oyster Commissioners appointed by His Excellency, the Governor of Maryland, under the 
Joint Eesolution of the General Assembly of Maryland, assented to at the session of 1882, beg leave to 
respectfully submit the following report : 

The magnitude and complexity of the subject, and the diversity of the interests which are involved 
has rendered the length of this report an unavoidable necessity, and we shall therefore present, first, 
a summary or abstract of the results of our examination of the question, and wo shall then give our 
results and opinions in full. We have therefore divided the report into four parts : first, an outline or 
abstract of the whole ; second, a statement of the facts which we have be^p able to obtain ; and third, 
the recommendation of the measures of protection which we regard as necessary ; and fourth, a minority 
report by Wm. Henry Legg, stating his objection to some points of the report. 

liespectfully submitted, 

V. K. BROOKS, 
JAMES I. WADDELL, 
WM. HENllY LEGG, 

Co7nmissioners, 



t'abl.e: of conte^nts. 



Chapter I. A summary of the results of our examination of the oyster problem, and an outline of the measures 

of protection which we regard as necessary 

Chapter II. The results of our examination of the beds 

Number of oysters to the square yard 

Ratio between living oysters and dead shells 

Ratio between large and small oysters 

Chapter III. The possibilities of the Marjdaud oyster industry. 

Areas of oyster beds 

Results of present policy 

Revenue of State from oyster industry 

Profit on capital invested in the oyster business 

Chapter IV. The cause of the exhaustion of the beds 

Chapter V. On the means which are necessary to arrest the destruction of our natural beds 

On the wanton destruction of oysters and on the protection of young oysters, and the restoration of 

oyster shells to our waters ■ 

Exportation of oysters for planting 

A discussion of the effect of dredging, and of the protection of the tonging and planting interests. . . 

On the closed season 

On the fishery force 

On the Potomac River - 

On Tangier Sound, 

On the State revenue 

On the districting plan 

On oyster planting 

Value of planting . 

French planting ponds 

Encouragement of planting 

Oyster farming 

Description of a natural bed 

Can the natural supply be increased 

Profits of oyster farming •. 

Oyster farming in France 

Oyster farming in America 

Spat collectors 

On the rearing of oysters from artificially fertilized eggs 

Summary of chapter 

Private culture and culture by the State 

Encouragement of private culture 

Private culture of natural beds 

Chapter VIII. Reorganization of the fishery force 

Chapter IX. Minority report of Wm. Henry Legg 

Chapter X. Oyster industry and oyster laws of otlier States 

Massachusf tts 

Rhode Island 

Connecticut 

New York 

New Jersey 

Delaware ■ " ■ ■ 

Virginia 

Chapter XI. A Bill to encourage the cultivation of oysters aud to protect and improve the oyster fisheries of the 
Chesapeake Bay and its tribu tariffs 



Chapter VI. 



Chapter VII. 



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CHAPTER I. 

A Summary of the Results of our Examination of the Oyster Problem, and an Outline of the 
Measxires of Protection which we regard as necessary. 

THE RESOLUTION TO APPOINT AN OYSTER COMMISSION. 

The Eesolution of the General Assembly of Maryland, under which we are appointed, is as follows: 

" Whereas the oyster interest of this State is one of its most important industries, giving employ- 
ment to thousands of its citizens and having millions of capital invested tlierein ; and whereas it is re- 
ported that recent investigations have shown that the oyster beds of the State have been seriously im- 
paired by over-dredging and unwholesome laws, and are in danger of complete destruction at an early 
day unless checked by remedial legislation ; and lohereas it is impossible for the present Legislature to 
adopt proper laws for want of time and of reliable and sufficient information upon the subject, and it is 
important that the next General Assembly have laid before it the true condition of the oyster beds of the 
State, and such other information as will enable them to devise such laws for the immediate protection of 
the same ; therefore be it 

" Resolved ly the Senate and House of Delegates of Maryland, That the Governor be and he is 
hereby authorized to appoint, on or before the first day of June next, three citizens of this State to ex- 
amine the condition of the oyster beds of the State and report the same to the next General Assembly, 
with such recommendation as will conduce to the protection of this important industry. 

" Resolved, Second, That each of said commissioners shall receive the sum of five hundred dollars 
and actual expenses for their service, tlie same to be paid out of any money in the treasury to the credit 
of the oyster funds." 

OUTLINE OF OUR REPORTj 

As soon as possible after your commissioners received notice of their appointment, they held a meet- 
ing for organization, and decided that their firet duty under the resolution aVjove quoted is to obtain accu- 
rate information as to the true condition of the oyster beds of the State by actual personal examination. 

We have accordingly visited fifty-nine of our more important oj'stcr beds, and have made three hun- 
dred and twenty-six examinations, and have accurately measured and counted all the oysters upon one 
hundred and twenty thousand nine hundred and fifty-eight square yards of oyster bottom, and the results 
of this examination are given in tabular form herewith. 

We are therefore in a position to state the present value of our oyster beds with very great accuracy, 
but the attempt to decide whether this value is diminishing, and if so, how rapidly, is attended with great 
difiSculties, as there is no accurate oSicial record of the condition of the beds in the past. The state- 
ments of interested fishermen, with limited local experience and with no written records, are clearly of 
little value in themselves, and in the absence of ofiicial records we have been compelled to adopt an in- 
direct method of comparison. 

In 1879 Lieut. Francis Winslow, United States navy, an officer of the United States coast survey, 
made an examination of the oyster beds of Tangier sound, and found at that date that within the limits 
of the beds there was an average of about one oyster to each three square yards. More exactly stated, 
his results showed that there was four hundred and nineteen-thousandths of an oyster to each square 
yard, or one oyster every two and three hundred and eighty-six-thousandths square yards. Lieut. Wins- 
low says that the beds of Tangier sound exhibited evidences of exhaustion in 1879, and it is therefore 
2 



probable that the average for all the beds at that date would have been somewhat greate^r. If we find, 
therefore, that the average for all the beds of the State at present, is less tlian Wiuslow's average for the 
beds of Tangier sound in 1879, we may safely assume that the difference is due to tiie deterioration of 
the beds within the last three years. The results of our examination, wliich are given in full furtlier on 
(see chapter II), show an average of one oyster to each four and a quarter square yards, or more exactly, 
two hundred and thirty-five thousandths of an oyster to each square yard. Our examination therefore 
shows that within the last three years our beds have lost more than 39 per cent, of their value. 

Our observation of the oyster fishermen at their work on the grounds in November, 1882, showed 
that they are now compelled, by the scarcity of oysters, to glean more carefully and completely than ever 
before, and the annual injury to the beds must continue to grow greater and greater as the oysters be- 
come more scarce. 

The results of our examination are therefore seen to fully justify the worst forebodings, and to show 
that the oyster property of the State is in imminent danger of complete destruction. Having reached 
this conclusion, the next step was to discover the cause of the injury, and this we have attempted to do 
partly by personal investigation of the methods employed by the fishermen, partly by listening to the 
opinions of those interested in the subject, but chiefly by the study of the history of the destruction of 
oysterbeds in other places where more exact records are obtainable. 

Our conclusion, for which reasons will be given in full further on, is that the depletion of our beds is 
not strictly due to any particular method of gathering oysters, nor to the destruction of the young, nor 
to the working of the beds at wrong seasons, but to the great demand which comes from improved means 
of transportation, and from the growth in our ^^tate of a great commercial industry which has an un- 
limited and constantly increasing capacity for utilizing oysters. 

No means of protection can have any permanent value unless they are based upon the fact that the 
present demand taxes the beds far beyond their natural productive power. 

Of the ten and one-half million bushels of oysters which were gathered in our waters in 1880, only 
875,000 bushels were used as food by the people of the counties, and 1,018,001) by the people of Balti- 
more and other cities of the State, while 8,675,(J00 bushels, or more than four-fifths of the whole, were 
consumed outside the State. 

Those wlio hold that the people of our tide-water counties have a natural right to this supply of 
food may truthfully assert that if the sale of four fifths of our oysters to people outside the State were 
prevented, there would be an abundant supply for our own people; but all civilized communities have 
recognized the advantage of selling their productions in the best market, and it is hardly necessary to 
point out the fact that it is not a few capitalists, but the thousands of oyster fishermen who would suifer 
most by the destruction of the commercial business in oysters. The great mass of the oyster dredgers 
and tongmen are supported, not by the local demand, but by the wholesale dealers, and the destruction 
of the wholesale oyster business would deprive these people of the $2,000,000 of earnings which are 
annually paid them by the dealers, and would deprive fully 50,000 persons of their means of support. 

If Maryland is to retain her oyster industry, and is to have her share of the rapidly increasing busi- 
ness which comes from the growing demand for oysters all over the country, the supply of oysters must 
be artificially increased, for the natural fertility of the beds is not great enough to withstand even the 
present drain upon them, and the demand for oysters will certainly increase from year to year. 

No measures of protection can have any permanent value unless they are based upon the fact that 
the present demand taxes the beds far beyond their natural productive power. 

Laws to regulate the length of the season, or the size of marketable oysters, or to compel cullino- on 
the beds, or to restrict the area open to dredgers, or to divide the beds into open and closed districts, may 
all result in temporary improvement, and in the body of this report we have discussed various measures 
of this sort, and have recommended many changes in the existing laws, among which are the following: 

Since we find that the most serious obstacles in the way of the enforcement by the fishery force of 



the laws of the State are the inability of the State to protect the oysters of the Jfotomac river, and the 
power which has been conferred by law upon certain counties to permit dredi^ing without a license from 
the State, we recommend that, inasmuch as the State of Virginia has prohibited dredging in her waters, 
the State of Maryland approve the existing law of Virginia so far as it relates to dredging in the Potomac 
river and its tributaries, and we also recommend that the General Assembly enact a law of similar tenor 
prohibiting dredging in the Potomac river and its tributaries, to take effect so soon as it shall be approved 
by the State of Virginia; and we also recommend that the proper authorities of our State be required by 
law to take the steps which are necessary to secure the prompt action of Virginia in this matter. 

We also recommend that the State of Virginia be requested to appoint a commissioner or commis- 
sioners, who shall meet a commissioner or commissioners to be appointed by the State of Maryland, to 
agree upon and report to the next Legislature of each State a plan to still further regulate the oyster 
fisheries of those waters. 

We further recommend that the State of Maryland assume the exclusive right to regulate the oyster 
fishing in all waters where dredging is permitted, and that all laws conferring this power on local authori- 
ties be repealed. 

In order to protect the tonging and planting grounds from the depredations of dredgers, and in order 
to enable the State fishery force to render more efficient protection to the grounds, we recommend that 
the legal boundaries of the area open to dredgers be simplified. At present the boundary of the dredging 
ground is in some places indefinitely defined, and in other cases it consists of a series of intersecting circles 
which do not admit of designation by buoys or landmarks, even if there were any legal provisions for the 
establishment of such marks. We therefore recommend that the boundary be made as nearly as possible 
a straight line between prominent headlands, and that such a line be established to run around the bay 
and its tributaries to separate the waters where dredging is permitted from those where it is prohibited. 
We also recommend that proper landmarks or buoys be placed at all points upon this line where such 
marks are necessary, and that maps showing the line be furnished to all licensed dredgers, to all officers 
of the fishery force, and upon payment of their cost to all other persons who may apply for them. 

We also recommend that the bottoms upon the deep-water side of the line be divided into eleven 
districts; six wide districts, alternating with five narrow districts, and that the five narrow districts be 
closed to the public for an unspecified time, and be left to recuperate and also to furnish a supply of spat 
for the adjacent open districts. 

For the efficient protection of the closed areas and other grounds where dredging is prohibited, and 
for the effectual enforcement of the oyster laws, we recommend that there be placed upon each of the 
six open districts and upon the Potomac river a fast seaworthy steamer, which shall be required to be 
upon dut}' at all times, in the night as well as in the day time, during the whole year, to prevent unau- 
thorized persons from taking oysters, and to protect the closed districts and the tonging and planting 
grounds. We also recommend that each boat shall be in command of a seaman who is not a resident of 
any county which borders upon the district where he is stationed, and who shall be qualified by education 
and training to make accurate surveys of all oyster beds within his district, and to perform all other 
duties of his position in a- seamanlike manner. 

We also recommend that the taking of oysters from the public beds, or the sale of oysters for food, 
be prohibited between the first day of April and the fifteenth day of October of each year, for two years, 
and tiiat no person who buys or sells oysters to be used as food be permitted to have in his possession any 
oysters three hundred of which with their shells do not make at least one bushel. 

We also recommend that the burning of oyster shells for lime, or their use in the manufacture of 
iron, or in the making of roads, be prohibited ; and that areas be designated in each district where oyster 
shells may be deposited, and that all dredgers be compelled to cull their oysters at the time when and 
place where they are taken. 

These various recommendations are stated in full in the body of this report, together with the 



reasons for them, and at the end of this report thej are embodied in a bill which should, in our opinion, 
be made a law, since we believe that each of them will help to arrest the destruction of our oyster beds. 

We have, hov/ever, given many reasons in the body of our report for believing that none of these 
measures, nor any measure which does not increase the supply of oysters beyond its natural limits, can 
be of any permanent value. 

We have given careful attention to the possibility of artificially increasing the supply, and we have 
availed ourselves of all sources of information, and have studied the laws and methods which have been 
found effective in Europe and in other States of our own country. The greater part of this report is 
made up of information upon this subject from various sources, and we believe that careful examination 
of it will convince all of the truth of the conclusion which we ourselves have reached — that the oyster 
bottoms of our State are of greater value than the dry land, and that they will some day support a great 
and prosperous population. 

Their value in the past has been inconsiderable as compared with their possible value in the future, 
for while the oyster fishermen have never earned much more than two million dollars a year, it is no 
exaggeration to state that our grounds are capable of yielding hundreds of millions of dollars annually. 

The adoption by our people of measnres which are already employed with advantage by other com- 
munities would increase the wealth and prosperity of Maryland almost beyond computation, and would 
add to the value and fertility of our oyster grounds in the same way that our farming lands have 
increased in value since the time when they were uncultivated hunting grounds. 

This can be brought about only by bringing the industry and intelligence of man to the assistance 
of nature, and at present there is little opportunity for enterprise in this direction in Maryland, and our 
oyster property owes none of its value to human industry, although there are in our State no farming 
lands which would yield a more sure and ample return for invested capital and labor. 

We therefore believe that a complete change must be made in our oyster policy before our people 
can reap the full benefit of their natural advantages; but as any great change in an established industry 
is sure to result in hardship and injury to individuals, and is, therefore, to be avoided if possible, we have 
sought to devise a plan which shall open the way for the gradual introduction of improved methods with- 
out taking away the rights or sacrificing the property of any one who is at present engaged in the oyster 
business, and without restricting these rights any more than the present exhausted condition of our beds 
renders necessary and unavoidable. 

Our views and recommendations upon this highly important subject can be best explained by a dis- 
cussion of the various sources of the oyster supply and of the means which may be used to improve them. 

The sources of the oyster supply are three — from the natural beds, from the oyster planting industry, 
and from oyster farming. 

The natural supply from the beds has been as great in the past as it ever will be, and our efforts 
should be directed to the artificial increase of their productiveness, and to the protection of the beds from 
further injury. 

As the cause of the deterioration of the beds is over-consumption, the first step for their preservation 
is the regulation of the supply from each bed according to its capacity. 

Before this can be done each public bed must be surveyed and ma]>ped with as much accuracy as if 
it were ffirming land above water. Its condition must then be thoroughly examined annually by an ex- 
pert, who should have power to decide each year what bods are to be open to the public, and for how 
long a time. The conditions vary so much upon different beds that the establishment of an arbitrary 
system of open and closed districts is a very crude remedy, but as our beds cover nearly five hundred 
square miles, and are scattered over nearly six thousand square miles of water, and as they are at present 
unsurveyed, the system of districts which has been explained above is the best one which seems practi- 
cable at present. 

We reconunend, however, that the oSioers of e^ch police stearaer be yequired to survey and map 



' ft 

the natural beds in their districts as quickly as possible, and that they be chosen for tlieir fitness for this 
work, as well as their ability to perform their other duties. 

We also recommend that they make annual examination each summer of each bed, and report its 
condition to an oyster commissioner, who shall be appointed for this purpose by the Governor of the 
State, and who, together with the Comptroller of the Treasury and the Commander of the State fishery 
force, shall form a board with power to superintend and direct the surveys and examinations of the beds, 
and to temporarily close any bed to the public. 

There are also many minor measures which should be employed for the preservation of the natural 
beds, such as legislation to prevent the sale of immature oysters, to compel oystermen to cull on the 
beds, and to compel the restoration of all shells to the waters of the bay. This latter is a matter of the 
greatest importance. If the dry, clean shells which accumulate in the winter at the centres of the 
oyster-packing industry were replaced during the summer upon certain designated spots where they are 
needed, the area of the beds and their productiveness would be vastly increased. One of your commis- 
sioners called attention to this subject in 1879, and if his advice had been followed our beds would not 
now be in their present exhausted condition. 

The second source of supply, oyster planting, is the placing of young " seed " oysters upon bottoms 
which are favorable for their growth. This industry does not actually produce any new oysters, although 
it does add very greatly to the value of the annual crop. Young oysters attach themselves in such great 
numbers, and so close together that any particular one cannot grow to maturity upon an undisturbed 
natural bed without crowding out and destroying many others; and if these crowded young are scattered 
over the planting grounds, the number which grow up and become marketable is very greatly increased, 
and, as the scattered planted oysters grow more rapidly, and are more valuable than those which are 
crowded upon the natural beds, a planting industry is a great source of wealth. In the chapter on oyster 
planting, in this report, we have given man}' reasons why this industry should be fostered and encouraged, 
and have tried to show how this can be best accomplished. 

In another part of our report we have shown that if all the grounds suitable for planting in our 
waters could be made as profitable per acre as the oyster grounds of the State of Rhode Island now are, 
they would return annually to their cultivators the sum of six hundred million dollars; and our beds are, 
in reality, far more valuable than those of Rhode Island, as our waters are free from the destructive 
enemies which there often destroy a large bed in a few days, and our milder climate protects our oysters 
from destruction by ice and frost. 

Oyster planting does not require a large capital, and, as it can be profitably pursued on a small scale, 
it is capable of supporting a very great popuTation ; but no great growth of the planting industry can be 
hoped for until private enterprise in this direction is rendered as safe as similar investments of labor and 
capital on land. 

The measures which we recommend for the encouragement of planting are: First, efiicient protection 
to planted oysters by the establishment of a clearly defined boundary beyond which no dredging shall be 
permitted, and by the reorganization of the oyster police, as already explained; and, secondly, such 
changes in the " tive-acre-law " as will give to each holder of land under that law a title to his land like 
a title to real estate, and by a change in this law which shall give to any one who has the right to appro- 
priate five acres under it, the right to select their five acres from any land not already appropriated, 
whether they contain natural oysters or not. 

Another feature of the planting industry deserves notice. After this system becomes established it 
can be made to contribute, like real estate, to the expenses of the State by dire';t taxation. 

The third, and by far the most important source of the oyster supply — oyster farming — is practically 
unknown in Maryland. 

Oyster farming is the rearing of oysters from the egg, and it is therefore true farming, and as each 
female oyster is able to produce milUons of young ea,ch year, the profits of this industry are almost 



10 

The various methods of rearing young oysters and of" establishing oyster farms are fully described 
in the section on this subject. The method which has been most successfully employed in America, 
consists in depositing clean oyster shells upon the bottom just before the spawning season for the attach- 
ment of the young, and then placing among these shells a few mature oysters to furnish the eggs and 
young. As soon as the young oysters, which are caught in this manner grow large enough to handle, 
they are distributed over the bottom, and are then watched and tended in such manner as the peculi- 
arities of each farm render necessary. 

The industry has been carried on for more than fifty years in the East river, near New York 
and Brooklyn, and although no oyster beds in this country have been more heavily drawn upon than 
those which are close to this great centre of trade and population, they have been preserved up to 
the present day, and are in no danger of extermination. The history of the East river oyster beds shows 
that the extermination of our own beds is entirely unnecessary and inexcusable. 

Oyster farming is also carried on in New Jersey and on Long Island, and the State of Connecticut 
three years ago adopted laws which have led to the escablishment of large and valuable oyster farms in 
her waters. These laws are given in full in another part of our report. 

The industry is profitable almost beyond conception, and we are told on ofiicial authority that a 
crop of oysters valued at eight million dollars was raised in this way upon a French farm of 492 acres, 
while upon another French farm of 500 acres, 16,000,000 oysters were taken in six tides, although there 
■were no oysters to be found when the farm was established five years before. 

Ingersoll, in his " Report on the Oyster Industry of the United States," says that twenty bushels of 
Bhells laid down anywhere in Barnegat bay. New Jersey, will produce one hundred bushels of oysters, 
and a Connecticut writer gives the following account of the result of three years of oyster farming under 
the wise laws in that State : 

" Fifty thousand acres of entirely barren ground covered thirty, forty and fifty feet deep by the waters 
of Long Island Sound have been made into productive oyster beds, and have multiplied by an hundred 
fold the production of native oysters. Ten years ago tens of thousands of bushels of oysters were im- 
ported from New York, New Jersey and Rhode Island, and now hundreds of thousands of bushels are 
yearly exported to these States and to Massachusetts. Millions of dollars are now invested in the indxis- 
try, thousands of men and women are employed, millions of bushels are in growing crops and hundreds 
of thousands of dollars yearly come into the State as proceeds of exported oysters. The oyster authori- 
ties have paid more than fifty thousand dollars to the towns and to the State for grounds to cultivate, and 
pay a yearly tax to a large amount." 

According to Ingersoll, .515,000 bushels of seed oysters- were in 1S79 taken from the Chesapeake bay 
to be planted in Connecticut, and three years of wise management have produced such a change that one 
firm shipped to San Francisco in the spring of 1883, L5,00(),uijO young oysters which had been reared on 
the Connecticut oyster farms, and were used for planting on the Pacific coast. This State is now able to 
sell seed oysters to the planters of adjacent States, besides sending an immense supply to Europe. 

The departure of the oyster industry from Maryland to Connecticut in the near future is a certainty 
unless we adopt measures similar or equivalent to those which have in a few years raised the oyster 
grounds of that State from a position of insignificance to the front rank. 

The establishment of an oyster farming industry in our waters would soon double the productive 
area of Maryland; it would rapidly increase the wealth and prosperity of our people; it would soon 
remove all danger of the loss of our oysters, and it would ultimately, by taxation, relieve the people of 
the interior of most of the. burden of the support of our State government. 

There is no measure of public policy in our State which is of greater importance to our people as a 
whole, or which is capable of contributing more directly to our growth and prosperity than this matter of 
oyster farming. 

The only obstacle in the way of the development of such an industry among us is the existence of 



11 

tiie sentiment tliat since tlie oyster grounds belong to the whole people, they are not a proper field for pri- 
vate labor and industry. Sea fishes have always been regarded as common property, because it is not 
within the power of individuals to improve them, or increase their numbers or value, but this is not true 
of oysters. An oyster is as subject to im])rovement by cultivation as a potato, and the cultivation of 
oysters is, therefore, a perfectly proper and legitimate employment for labor and capital, and the common 
right to the beds must in time give way to private enterprise, just as surely as the common right to the 
natural products of the soil has given way before the progress of civilization. 

Such a change as this cannot be brought about rapidly without causing great hardship ; and it is 
therefore best that it should come slowly ; but the common right of all our people to the use of the 
oyster beds is a very difierent thing from the right of a portion of our people to exterminate the beds; 
and since it is plain that the interest of the whole people demands an immediate change in our oyster 
policy, your commissioners believe that steps should now be taken to render possible the growth of our 
oyster farming industry in the future. 

Oyster farming can be successfully carried on in shallow waters near the shore, with a small capital 
and on a small scale, and we believe that the changes in the five-acre law which we have recommended 
in the section on oyster planting are all that are needed at present for the encouragement of oyster farm- 
ing in shallow water. 

The cultivation of oyster farms in deep water, on the other hand, requires the investment of a large 
capital, and it can only be carried on to advantage on a large scale, either by the State, in areas set apart 
for the purpose, or by private individuals or companies, upon large tracts deeded to them for oyster 
farining by the State. 

The question which of these methods is best can be decided only by experiment, and your commis- 
sioners recommend that the laws necessary for the trial of both plans on a small scale be passed by the 
General Assembly. 

We recommend that a State oyster farmer be appointed, and that an area be set apart as a State 
oyster farm in one of the five districts which are in another part of this report recommended to be closed 
to the public. 

We recommend that the closed district selected for this purpose be the one described in this report 
as "district number four," and bounded on the north by a line from Hackett's Point, E. J S , about three 
and seven eighths nautical miles, to the south point of the mouth of Broad creek; on the east by the 
western shore of Kent Island, from the south point of the mouth of Broad creek to a point in range of 
Thomas' Point and Thomas' Point Light, and in about latitude 38° 54' 10" N., longitude 2° 21' 40" W.; 
on the south by a line from this point, W. h N., about four and one-fonrtli nautical miles, to Thomas' 
Point ; and on the west by a line, N. by E., about four and three-fourths nautical miles, to Hackett's 
Point. 

We recommend that the State oyster farmer be reqnired to cause the bottom of the oyster farm to 
be shelled, and to nse all other means known to him for restoring and replenishing it; and we also recom- 
mend that whenever it is opened to the public a special tax of 10 cents per bushel be laid upon all oysters 
taken from it, in order to repay into the State treasury the cost of farming it, as well as to exhibit the 
value of the measure. 

We also recommend that a law be enacted giving to the oyster commissioners the power, under cer- 
tain restrictions and conditions, which are explained in full in the report, to sell at auction to any citizen 
of Maryland the right to farm oysters upon any ground which is not already appropriated under the five- 
acre law, within the closed districts described in the report as " district number six," and bounded on the 
north by a line from the south point of Parker's Island, E. i N., about seven and five-eighths nautical 
miles, to the north point of Poplar Island, and thence E. by S. about one and one-fourth nautical miles 
to Cove Point ; on the east by the coast line across the mouth of Knapp's Narrows to the north point of 
Paw-Paw Cove, on the west side of Tilghman's Island ; on the south by a line from the north point of 



12 

Paw-Paw Cove N. by W. about eight and one-third nautical miles to Holland Point, and on the west by 
a line from Holland Point N. by W. about two and one-half nautical miles to the south point of Par- 
ker's Island. 

Your commissioners believe that all the measures which have hitherto been mentioned are necessary 
and should become laws, and we also believe that they all should take effect immediately, although it is 
not absolutely necessary that they all should be adopted or go into effect at the same time. 

Besides these measures, we have found it necessary to recommend a few minor changes in the exist- 
ing laws,'and we have embodied all our recommendations in a bill, which is given at the end of this report. 

We regard the preparation of this bill as only a small part of our duty. 

The resolution under which we were appointed says that we are to lay before the General Assembly 
such information as will enable it to devise laws for the immediate protection of the oysters. 

We have therefore brought together in the body of our report, from all the sources within our reach, 
all the informatioT which we have been able to obtain, and your Excellency will there find a brief sketch 
of the oyster industry and oyster laws of Europe, of Canada and of the Atlantic States of our own 
country. Our report also contains many suggestions which we have omitted from our bill, as they refer 
to points upon which immediate legislation does not seem imperatively necessary. 

We hope that, in case the bill which we have drawn up should not be regarded as a wise one, the 
facts which are presented in our report will have a permanent value, and will enable your Excellency to 
form a clear conception of the needs of the oyster industry, and that we may thus contribute to the es- 
tablishment of wise laws for its protection and development. 



13 



CHArTER II. 

The results of our examination of the beds : 

While the opinion is rapidly spreading that our oyster beds are in imminent danger of exhaustion, 
there are many old oystermen who hold that this is untrue, and that the beds are now as rich as they ever 
have been. The first step in the work of the commissioners, therefore, seemed to be the accumulation, 
by actual examination of the beds, of such accurate knowledge of their condition as should prove to every 
one the truth or incorrectness of this impression, and we have therefore devoted several months to the 
work of examining the beds, in order that we may be able to make exact statements as to their condition. 
When we entered upon this work we were met by a grave difiiculty, in the absence of exact information 
as to their condition in the past. The beds of Tangier Sound were very carefully surveyed in 1878 and 
1879, by Lieutenant Francis AVinslow, U. S. N., an officer of the United States Coast Survey, acting 
under the direction of the Superintendent. Lieutenant Winslow has published a very exhaustive account 
of these beds, giving their areas, boundaries, position, general character, the number of oysters to the 
square yard, the ratios between oysters of different ages, &c., so that we were able to ascertain without 
difficulty, the changes which these beds have undergone in the three years which have passed since this 
work was finished, but we were unable to obtain exact information of this kind regarding the great limss 
of the beds of this State. Lieutenant Winslow was employed for nearly two years in the survey of 
Tangier Sound, and a similar survey of all the oyster area of our State would require four or five years 
more, and as we had no means at our disposal for exact surveying, even if there had been time for us to 
undertake it, we adopted a more rapid method of gaining a crude idea of the condition of the beds. It 
is obvious that a bed where there are many oysters to the yard is in a more fertile condition than one 
where the oysters are few. It is also clear that a bed in which the living oysters are few as compared 
with the dead empty shells is less vigorous than one where the dead shells are less numerous. 

It is clear, too, that a bed upon which many young oysters are growing up to replace the old ones is 
more prolific than one where the young oysters are few in numbers. During the first year of its life the 
oyster is much more exposed to accidents and enemies than it is after it reaches maturity, and it is there- 
fore plain that, if the average life of the oyster upon our worked beds is three years, any bed upon which 
the oysters one year old are not much more than one-third of the whole number, must soon be destroyed. 

We therefore attempted to ascertain these three points for all the larger beds in our waters: first the 
number of oysters to the square yard; second the ratio of living oysters to empty shells; and third the 
ratio of mature to immature oysters. To ascertain the number of oysters to the square yard a dredge 
with a mouth a yard wide was dragged over the bottom, for a measured distance, at a definite rate of 
speed, and its contents were then brought aboard and counted. This method does not give perfect accu- 
racy, for the dredge does not, as a rule, take all the oysters. The number of oysters taken by the dredge 
varies with the weight of the dredge, the speed of the boat, the depth of the water, the length of the 
line, the character of the bottom, &c. Still, examinations of this sort, made upon different beds by the 
same dredge used by the same persons in the same boat and managed in the same manner, give results 
which are reliable, although it is more difficult to compare the results of two or more examiners. 

The oysters captured in this way were carefully separated from the empty shells and other refuse, 
and both oysters and debris were measured and counted. The oyster of various ages were then separated 
into four sets; large oysters, or those less than 200 to the bushel; medium oysters, or those between 200 
3 



14 

and 300 to the bushel ; small oysters, or those over 400 to tlie bushel and over an inch long ; and young 
growth, or those less than an inch long. 

Daring this work we have examined sixty-one beds and have made three hundred and forty hauls of 
the dredge, and the results of this examination are here given in full, together with an analysis, and a 
comparison of onr results with those which had previously been obtained by Winslow and others. 

NUMBER OF 0TSTEK8 TO THE SQUARE YARD IN MARYLAND WATERS. 

In 1878 and 1879 Lieutenant Winslow examined all the beds in Tangier Sound, and ascertained that 
there were about .419 oysters to the square yard, or one oyster to every two and three hundred and 
eighty-six thonsandths square yards. As the Tangier Sound beds at that time showed indications of ex- 
haustion, this number, .419 to the square yard, is less than it would be upon uninjured beds, and it is 
probable tiiat the beds outside the Sound would have given a much greater number at that time. If we 
now find that the average is below this number, we can safely assume that the difference is entirely due 
to the injury which the beds have sustained since 1879, and we can thns form some estimate of the time 
which will be required for their complete destruction. We have made use of the method which was em- 
I)loyed by Winslow in his examination. A dredge, a yard wide, was dragged slowly over the bed until 
we ascertained that we were upon the oyster grounds. The dredge was then emptied, lowered onto the 
bed, and as soon as it began to take hold of the bottom it was timed, and the rate of the steamer was 
also ascertained by the ground log. The area dredged over was not the same in all cases. Where 
oysters were abundant the steamer was stopped and time was taken as soon as the dredge was full. In 
other cases five minutes were allowed to pass, and the steamer was then stopped. The dredge was then 
hauled in, and the oysters were counted and measured. 

This method does not give the actual number of oysters upon the bottom, for the dredge does not 
always sweep clean, and it is necessary to pass over the ground several times to thoroughly exhaust it, 
but results obtained in this way give the relative condition of the bed with great accuracy. 

Whenever the contents of the dredge showed that we were ofi" the bed, or near its limits, the haul 
was not counted, and the results therefore show the number of oysters upon the beds; not the number 
per yard over the whole bay. 

Fifty-nine beds were examined in this way, and the results are given in the accompanying table, 
which shows that forty-four of these beds are below Winslow's average, and fifteen above it. Upon one 
of these beds, in Hooper's Strait, we found 8 2 oysters to the square yard, and we here obtained 4,000 
oysters in six hauls. These oysters were all very small, averaging four hundred to the bushel, and we 
probably struck an area where there had been a good catch of spat a year or two before, but where there 
were no large oysters. At any rate, this condition is exceptional, and I have therefore omitted the dredg- 
ings in Hooper's Strait in the average for the bay. Leaving this out, the average for the other fifty-eight 
beds gives .235 oysters to the square yard, or one oyster to each i^VA yards, while three years betbre there 
was one oyster to each 2^%%% square yards. 

If we assume that three years ago the average was no more than that found by Winslow in Tangier 
Sound, we are compelled to conclude that in three years our beds have lost almost thirty-five per cent, of 
their value (.419— .22.5--.164 : 164. ^-.41900-^.39=39 %.) Startling as this result is, it is by no means 
the whole truth. We must remember that in 1879 Tangier Sound itself was more exhausted than the 
bay, so there were undoubtedly more than .419 oysters to the square yard at this date. Then, too, we have 
examined many beds where dredging is not permitted, and other beds where the oysters are unmarketa- 
ble, and the high results which we obtained from these beds are included in the average. If these were 
omitted our total would show nearly 50 per cent, of exhaustion to the most valuable beds of the State. 

Your commissioners have no desire to create a sensational eflect, but the accompanying table, which 
is compiled entirely from the facts which they have observed for themselves by personal examination of 



15 

all the beds, nmst speak for itself. It is tlie most trustworthy evidence which we have been able to obtain, 
and it certainly justifies the widespread belief tliat the oyster property of the State is in imminent danger 
of complete destruction, unless radical changes in the methods of managing the beds are made at once. 

Explanation of Table No. 1. 

The first column gives the name of the bed ; the second the number of dredgings which were made 
upon it by us ; the third the number of square yards dredged ; the fourth tiie number of oysters taken ; 
the fifth the number of oysters found on each square yard by Winslow in 187S; the sixth the number 
found by Winslow in 1879; the seventh the number found by us in 1882; the eighth the number found 
by us in 1883 ; the ninth the amount of change in the bed between the two most recent examinations; 
the tenth the amount of deviation from Winslow's average for 1879, of .419 oysters to the square yard; 
and the eleventh the percentage of gain or loss since the last examination. Thus the first line shows that 
eight dredgings were made upon the Bodkin ; that 1732 square yards were examined,'; that 894 oysters 
were obtained ; that the bed was not examined by Winslow ; that there were yVir oysters to each square 
yard in 1882 and jVir in 1883 ; that the bed had lost iVf oysters to each square yard since 1882, and that it 
has lost 62 per cent, of its value in that time. 



r 



Ta.ble No. 1. 
Table Showing the Ninnher of Oysters to a Square Yard in the Waters of Maryland. 



- ..„. . , 


it 
is 


< 




0TSTEB3 TO SqCAKlS YaKD. 


Oj3 

SO 

< 


S j' 

Sou 

III 


Percentage of gain 
or loss since last 
examination, or 
since 1879. 


Name op Bed. 


18T8. 
Wiuslow 


1879. 
Wiuslow. 

''''4 


1882. 


1883. 






Gain. 


L0S9. 




8 
9 

13 
8 

10 
5 
4 
5 
G 
7 
3 
6 

5 
3 

11 

6 
2 
3 
5 

1 
1 
1 

1 
23 

8 
13 

6 

6 

3 
13 
6 
3 
4 
6 
6 
C 
4 
3 
9 
4 

4 

4 

30 

39 

6 

3 

1 

6 

3 

3 

20 

3 


1733 
3318 
2978 
1954 
5280 
1247 
1173 
3666 
2200 
2493 
1037 
2300 

3777 

1173 

293 

733 

393 

393 

6563 

2004 

3138 

587 

487 

3666 

393 

320 

183 

513 

293 

7318 

3304 

1494 

3300 

2200 

1833 

1089 

6233 

4033 

1173 

1466 

3200 

2300 

2200 

1467 

488 

5463 

2787 

5133 

3787 

1687 

7333 

19627 

970 

488 

163 

488 

379 

813 

5708 

1636 


894 

1164 

3158 

3333 

189 

463 

103 

495 

205 

571 

231 

777 

133 

430 

40 

8 



1.50 

757 

69 

119 

24 

575 

186 

235 

190 

200 

340 

165 

1676 

727 

2809 

38 

78 

80 

37 

375 

33 

32 

308 

158 

569 

873 

339 

340 

185 

151 

513 

226 

705 

086 

2281 

1025 

439 

84 

4000 

181 

427 

1555 

355 




.... 
.... 

.... 

!687 

!i65 
.382 


.81 
1.21 
3.738 
5.33 

\.\h 

i'94 

.69 

1.33 


.305 

.19 

.234 

.057 

.0358 
.371 
.089 
.135 

.0931 

.23 

.223 

.353 

.032 
.36 

.115 
.01 
.02 
.51 

.117 
.0334 

.056 

.041 

"!65 

.76 
.803 
.1089 

.66 

.56 
.959 
.084 
.0981 
.012 
.035 
.043 

034 
0645 
.0057 
.019 

.21 

.39 
.231 

.0765 

.058 

.1 

.08 

.4176 

073 

.1497 

.... 


-.505 
—1.03 
—3.494 
-5.163 

;;;;;;;; 

"— !98i 

—.606 

—1.3319 





■.::;■"" 

+ .506 

""+.'679 
+0.0Ti 


— .114 

— .329 

— .185 

— 362 
—.3732 

— .048 
— .33 

-.284 

— .3259 

— .189 

— .197 

— .066 

— .387 

— .059 

— 304 

— .409 
—.399 
+ .091 

— .302 

— .3856 

— .363 
—.378. 
+ .761 
—.369 
+ .341 
+ 444 

+ 07 
+ .241 
+ .141 

+ .54 

— .335 
-.3209 

— .407 

— .384 

— .376 
—.385 

—.3545 

— .4133 

— .4 

— .209 

— .348 
—.149 

— .029 
—.188 
+ .281 

— .3425 
-.361 

— .319 

— .839 

— .0014 

— .326 
—.2693 

+ .631 
+ .481 
+ .098 
+7.781 
+ .051 
+ .103 

— .147 
—.301 


■'"'21 

"'"isi 

"""si 

106 
16 
37 
33 

""'"67 


"+iio 

+114 

+33 

+1857 
+13 
+34 


62 




84 




93 




99 


South Side Chester Riyer 


89 
13 


Thomas' Point 


79 




67 




78 


Tally's Point 


45 


Scull Hall 


47 


Cliink Point 


16 


Clioptank River — 


92 




14 


Chloni's Point 

Todd'aPoint 


74 
97 
95 






Total in Choptauk 

First Kent Point 


73 
93 


South Kent Point 


86 




90 






Tilghnmn's Point to Wade's Pt. 


88 










Brewer's Point 




Three Sisters 


50 
87 
90 






Lillle Clioptauk No. 1 


97 




91 

89 


Hill's Point 




91 


Holland Point 




84 
98 




Daddy Dure 


95 


Little Corn Point 


49 




83 




35 




06 




44 






.7 






81 

86 
70 
80 


Potomac River No. 1 ; . 

Cornfield Point to Pitt's Point.. 




3-10 
79 
03 


Piney Point to Blackstone's Is'ld 


i 




!205 
.295 


1.05 
.9 

.517 
8.3 
.47 
.52 
.373 
.218 


Fishing Bay Dredging Ground. . 
Fishing Bay Touging Gj'ouud., 








NoPoiul Bar 


"'34 
48 


Turtle Egg Rock 




Total 


828 


130958 


33405 








.... ; 













Total number of beds examined 

Total number of dredginys 

Total number of square yards ejfaniined 

Total number of Oysters found 

Number of Oysters to the square yard 

f<iiml)er of Oysters to the square yard, exclusively of Hoope 



17 



RATIO BETWEEN LIVING OYSTERS AND DEAD SHELLS. 



Wlien the oysters are culled upon the beds where they are caught tlio dead shells are thrown back, 
and the oysters upon a bed which has been overworked will therefore form a smaller part of the total 
contents of the dredge than they will upon a more prosperous and valuable bed. In a dredge which has 
been hauled over an unexhausted bed the living oysters are many and the shells are few, while the dredge 
brings up from an exhausted bed a great mass of rubbish which must be lifted and handled in order to 
obtain a few oysters. 

The ratio between the living oysters and the dead shells therefore furnishes us with a means for 
deciding whether a bed is deteriorating or not. This method of estimating th« condition of the beds is 
a very rough one, and the evidence is not of much value when only a single bed is examined. The dead 
shells are swept into the channel in some places and covered up by sand or mud in others, so that the 
dredge may come up filled with shells when it happens to strike a bed where they have been swept 
together, and in another case, where most of the shells are buried, it may contain few shells. If the 
dredge is heavy and is dragged with a long line, it may dig into the mud and become filled with old 
shells, where another dredge, or the same dredge dragged in a different way, may contain few or none. 
The contents of the dredge are determined by so many accidents that single observations of the ratio 
between shells and oysters are of little value, but the case is different where a great number of dredgings 
are made. In 1876 Mr. Otto Lugger visited most of our beds, and measured the quantity of shells and 
of oysters obtained from each. As he made a great number of observations, his results give us a means 
of ascertaining the average ratio in 1876. His results, obtained by the examination of twenty beds, show 
that in 1870 the dredge brought up 3jVt bushels of oysters for each bushel of shells. In 1878 and 1879 
Lieut. Winslow examined in the same way seventeen beds in Tangier Sound, and found that only IrVff 
bushels of oysters were obtained for each bushel of shells. 

In November, 1SS2, j'our commissioners exami.ied fourteen beds in this way, and found that the 
average had fallen from 3-rVir in 1876 and lj%% in 1879 to ItVif bushels in 188".'. Thirty-two beds were 
examined in the same way in the summer of 1883, and nearly the same ratio was obtained, there being 
If bushels of living oysters for each bushel of dead shells. 

The results of this examination are given in full in — 



Table No. 2. 
Table to Show the Numher of Bushels of Oysters to Each Bushel of Dead Shells. 





t'i 

00 to 


00 


00 


CO 

1 




00 Ml 


ro_o 


1 


00 




1.22 


!!!! 


.14 

.14 

1.37 

8. 


.40 

3. 

4. 

2. 

1.8 
.89 

3. 

1.16 

4. 

1.57 

1.33 

1.25 
.17 

6. 

2. 

2. 
.66 
.33 
.33 
.66 

3.5 

1. 

1.5 






.... 

i:i5 

'!4i 

1.03 




1. 

.21 

.28 
3.85 
3 

.'83 
.57 
.1 
.14 

.75 


28 


S-iudy Point 


Holland Point 


3. 

4. 

1.85 

2.33 


18 








4 




1.85 
3"." 




1 






.5 


Corn Field Creek 




79 


Tlionias' Point 






53 


Tally's 




3.33 

3.83 

9. 

5.6 

4. 

5 6 


25 


Scull Hall 


Piny Island 

Fi3liing_ Bay 

1 Hooper's Straits 

1 James' Point 




Cliinli Point 






Cook's Point 


















Horn Point 

Eastern Bay 


1..5 


Poplar Island 

No Point Bar 


5.6 




Great Rock 

Turtle Egg Rock 

1 Great Fox Island. 

1 South Marsli Island 

St. Micliael's 

Bozuian's Flats 


4!" 

0.6 

5.6 

2.33 

3 




Tilghman's Point 

Soutli Kiver 




Du vall's Bar 

Brewer's Point r. 






Tbree Sisters 












.... 





In 1H7'! Liiirirpr fnn-^d a« the avrr-iro fir twenty lieds H.OSO !iMs1,rl^ nf nvstei-; fnr onrli Inshcl of pIkHs. 

In \< !l \\ iri> mv I'.Hin.j .-i- llic iiVirnt:(! IVoin s. vnihcTi In ils 1 !)lli li'i-li Is ni' ix s'i r- Imni e ic!i I'U-licI of >lu''U. 

Ill :SMV \vi- r.iiiii I MS ilii- avcnmc r.i'lo iilcni In-ds I 31 biisiu'Is ,.t ,,\.-.Uis \\y.- ,;u-li iMishcl nf shells 

In l^sy we fonnl a, Ilic .,vir:iL'e tir lliirlv i^w lied-; I .1-10 misIicIs c'.l ..\-t. r.-. ;..r i-.ir'.i l,u^hl■l i<( shells 



18 



This table shows that while it is necessary to handle Ifil bushels of oysters and shells to obtain 
100 bushels of oysters, it was necessary to handle only 161 bushels in 1879 and only 127 bushels in 1876. 

This evidence, in connection with that which has been given in table one, seems to prove that the 
whole oyster area of our State is being rapidly exhausted. 



THE EATIO BETWEEN LARGE AND SMALL OYSTERS. 



Any bed is on the road to destruction if the number of old oysters which are removed from it each 
year is as great as the number of young ones which are growing np to take their places. Oysters, like 
other animals, are exposed to many accidents, and the number which can be taken from a bed annually 
is equal to the number which are growing up to take their places, less the number which will be destroyed 
by the accidents of nature. 

An accurate count of the oysters of various ages upon a bed, therefore, gives us a means of deciding 
whether it is or is not in danger of exhaustion. 

We have, therefore, examined in this way the oysters upon the beds which we have visited, and have 
divided them into four classes. The first class includes large oysters, or all oysters of which a bushel 
does not contain more than 250 ; the second class includes medium oysters, or those between 250 and 400 
to the bushel ; the third class includes the small oysters, those which are large enough to be seen and 
counted without difficulty, and more than 400 to the bushel; and the fourth class, or " young," those 
which are less than one-half inch long. 

The accompanying table shows the number of oysters of each class which we obtained upon the beds 
which we visited, and the ratio between them. 

Thus we found upon the Bodkin bar in November, 1882, no large oysters, 225 medium oysters, SSf' 
small ones, and no young, and there were at that time 100 small ones for each 67 of medium size. 

In June, 1S83, we found no large ones, and the small ones which we had found in November had 
grown to a medium size, and there were no small ones growing up to take the places of these when 
they shall be removed by the season's dredging. This result seems at first sight to indicate that the 
fishing this season will exhaust the Bodkin bed and put an end to work there, but in truth the case is 
not quite so discouraging, for our second examination was made before the end of the spawning season, 
and an examination in the fall might have given a different result. 

In order to be trustworthy, an examination of this kind should be made every year, in the same 
month, and if the oysters of various sizes upon each bed could be counted twice every year, in May 
or June, and in September or October, the results would be very valuable and would soon furnish a 
very exact means for ascertaining the condition of the beds. This evidence would be the more valuable, 
as it would soon enable us to determine, a year or more in advance, how many marketable oysters a 
bed could yield without injury. 

In the absence of any records of the numbers of oysters of various sizes in previous years, our 
table is of no particular value, but we give it in full, in order to facihtate the work of comparison 
in the future. 



Table No. 3. 
Table to Shoiv the Number and Ratios of Oysters of Various Sizes. 




Bodkin, November, 1882 

Bodkin, June, 1883 

Snndy Point, .Iiiuc, 188o' .'. 

Sandy Point, November, 1882 

Hackelt's Point, November, 1882...! 

Hackett's Point, June, 1883 

Swan Point, November, 1882 

Swan Point, June, 1888 '. 

Chester River, June, 1883 ...] 

Cornfield Creek, June, 1883 

Tliomas' Point, June, 1S83 

Tally's Point, June, 1883 

Ea.stein Bay, June, 1 883 '. 

Eastern Baj', November, 1882 

Tilgliman's Point, June, 1883 

Scull Hall, June, 1883 ', 

Chink Point, June, 1883 .'.'...". 

Cook's Point, June, 18W3 ....... 

Benoni's Point, June, 1883 .'.' 

Chlora's Point, June, 1883 

Todd's Point, June. 1883 

Castlehaven, June, 1883 

Horn Point, June, 1888 '.'. 

Choptank. June, 1883 

Soutii Hiver, June. 1883 

Shnckcl's Point. June, 1883 ...'. 

Duvall's Bar, June, 1883 .'.'." 

Brewer's Point, June, 1883 

Purdy's Point. June, 1883 ' 

Round Point Reef, June, 1883 .. . 

Saunders' Point, .June, 1883 '.. 

Poplar Island, November, 1882 ...... 

Poplar Island, June, 18o3 ..'. 

Three Sisters, November, 1882 " 

'j'liree Sisters, June, 1883 

Sharp's Island Rock, November, 1883 

Sharp's Island Rock, July, 1888 

Little Choptank, July, 1883. 

Rag^'ed Point, July, 1833 !.'.' 

Hill's Point, July, 1883 ].'." 

Nigger Head, July, 1888.. 

Near Holland Point, July, 1883.! !!.'!' 
Holland Point, Julv, 1883 . 

Plum Point, July, i883 

Daddy Dare, July, 1883 

Steps, July, 1883 

Little Low Point, July, 1883!..'.'.'.'"" 
Patuxent River, July, 1888 . . . 

Hawk's Nest, July, 1883 !..!!!! 

Broom's Island, July, 1883 ' 

Patuxent Middle Ground, July, is's's " 

Thomas' Bar, July, 1888 

Kent Island, November, 1882. !!!'" 

Kent Island, July, 1888 

Bloody Point, Julv, 1 883 !!!!!!!!!"' 
Potomac No. 1, January, 1888.!!!!!! 

Cornfield Point, August, 1S88 " 

St. Mary's River, August, 1883. !!!!!! 
St George's Island, August, 1883... !!, 

1 iney Point, August, 1883 

Great Rock, November, 1882 ! ! ! 

Piney Island Bar, November, ISS'i!!!! 

Fishing Bay, November, 1883 

Frshing Bay, November, 1882 ' 

Hooper's Straits, November, 1882 

James' Point, November, 1882 ! " 

No Point Bar, November, 1882.!!!.!!! 
Turtle Kgy Rock, NovcnjbrT, 1883!!!! 






235 


1 855 





314 





133 


176 








155 


700 


600 


3,025 





108 


425 





300 


3,2.i0 





34 


40 





110 


79 








468 





102 








197 


271 


103 


13 


146 


53 


60 


525 








101 


' 85 


91 


140 








777 


i 





133 











430 








40 





8 




















1.10 





187 


620 








22.J 





190 











300 





340 








165 





49,5 











803 





218 


175 


810 





124 





4.50 


208 





23 


193 





400 


900 





21 


148 





" i 





28 


1 


78 , 





80 i 


" 





1 


37 





1 


182 : 





1 


^ i 


193 


23 i 


1 





i 


121 1 








22 








308 











158 


' 





569 


: 


1 


873 


: 


339 











205 


180 


160 





22 


59 


10 


45 


49 








151 I 





! 





513 


1 


1 


236 


i 


705 i 





" 





686 


747 ' 


407 ! 


401 


i 


700 1 


325 


t» 1 


227 i 


312 


« 


46 i 


88 


' 


i 


4,000 


i 


70 1 


111 


84 j 


218 


130 


91 


164 j 






2.14 



.009 



3.63 
2.75 



.83 



5.9 



Total 



4,717 



l.i,673 



11,848 



20 

The precise significance of tliis table cannot be given until similar examinations have been carried 
on for a term of years, and at the same time in each year. 

It will be observed, however, that it shows a total of 20,390 large and medium oysters Jto only 
11,848 small ones. Four thousand of these small oysters were taken at one time in Hooper's Strait, in a 
"pocket" which had escaped the dredgers, and this haul should be omitted in order to show a typical 
average. If we leave it out we shall have 20,390 large and medium oysters to 7,848 small ones, or onl}' 
a little more than one small one to three marketable ones. It is very probable that if all our examina- 
tions had been made in the fall, the number of small oysters would have been found much greater, and 
they are above the average on the beds which we examined in November. 

Still the summary of the whole table shows that the beds are losing their fecundity and that the 
crop this winter will be greater tlian it will be the year after. 

The reasons for the small number of young oysters we believe to be, in part, the scarcity of mature 
oysters to furnish spawn ; in part the wanton destruction of great numbers of very young oysters 
through the violation of culling laws, and in part the absence of enough clean shells on the beds to 
furnish attachment for the spat. 

There are unlimited numbers of old, decayed and dirty shells on all the beds, but on many of them 
we found hardly a single shell proper for the attachment of spat. 

We regard the annual examination of the beds, in the way we have employed, as a matter of very 
great importance. In the absence of such observations it is impossible to state with perfect certainty 
how many oysters a bed may yield annually without injury. This examination should be made every 
year, during the same months, and it should be made under the superintendence of the same person, in 
the same way, in order that the results may admit of direct comparison. We therefore recommend that 
provision be made for the annual examination of all the beds under the direct control of the State. The 
proper time for this examination is the closed season. An examination after the year's dredging would 
show how many full-grown oysters remain and how many the bed might safely yield during the next 
season. If the examination was made late in the summer it would also show how many young oysters 
have become attached during the spawning season. 



21 



CHAPTER ]]I. 

THE POSSIBILITIES OF THE MARYLAND OYSTEE INDUSTRY. 

No one who is familiar witii tlie history of the oyster beds of other parts of the world can be sur- 
prised at the deterioration of our own beds. Every where, in France, in Germany, in England, in Canada, 
and in all northern coast states, histor}' tells the same story. In all waters where oystere are found at all 
they are usually found in abundance, and in all of these places the residents supposed that their natural 
beds were inexhaustible until they suddenly found that they were exhausted. The immense area covered 
bj our own beds has enabled them to withstand the attacks of the oystermen for a much longer time, but 
all who are familiar with the subject have long been aware that our present system can have only one 
result — extermination. 

The following account of the exhaustion of oyster beds in Europe is copied from Lieut. Winslow's 
" Report on the Oyster Beds of the James River, Va., and of Tangier and Pocomoke Sounds :" 

"An estimation of the effect of excessive fishing may be formed by examining its results upon such 
beds in England and France as have records upon the subject. 1 he most instructive of these are the 
records of the production of the beds of Cancale Bay, on the northwest coast of France, which extend 
over a period of sixty-eight years — from 1800 to 1868. The beds in the bay comprise an area of about 
150 acres, and from 1800 to 1816 produced from 400,000 to 2,400,000 a year. This, however, was the 
period of the Napoleonic wars, and the fishing was much disturbed by the presence of the English cruisers. 
During this time the beds became S3 thickly stocked that the oysters were in some places a yard thick. 
After the close of the war the fishing improved, and the oysters were removed in lai-ger and increasing 
numbers until 1843. From 1823 to 1848 it is supposed that the dredgers were living upon the oysters 
accumulated during the period of enforced rest, from 180 J to 1816. In 1817 the number of oysters pro- 
duced was 5,600,000, and until 1S43 there was a constant increase, the number taken in the latter year 
being 70,000,000. In 1848 it was 60,000,000; thenceforward there was a constant decrease. From 1850 
to 1856 the decrease was from 50,000,000 to 18,000,000, supposed to be the effect of overdredging. From 
1859 to 1868 the decrease was from 16,000,000 to 1,079,000; the oysters having almost entirely disap- 
peared from the beds, though on account of the suffering condition of the inhabitants of the shores it 
was almost impossible to prevent it. In 1870 there was a complete wreck of the bottom, which could 
only be remedied by a total prohibition of the fisheries for several years. 

"From the beds of the districts of Rochefort, Marennes, and Island of Oleron, on the west coast of 
France, there were taken in lS53-'54 10,000,000 oysters, and in lS54-'55 15,000,000. On account of 
exhaustive fishing in 1863-'64 only 400,000 could be obtained. 

" According to the testimony of Mr. Webber, mayor of Falmouth, England, about 700 men, working 
300 boats, were employed in a profitable oyster fishery in the neighborhood of Falmouth until 1866, when 
the old laws enforcing a ' close time ' were repealed, under an impression that, owing to the great productive 
powers of the oyster, it would be impossible to remove a sufficient number to prevent the re-stocking of 
the beds. Since 1866 the beds have become so impoverished from excessive and continual fishing that in 
1876 only 40 men and 40 boats could find employment, and small as the number is, they could not take 
more than 60 or 100 oysters a day, while formerly, in the same time, a boat could take from 10,000 to 
12,000." 

" According to the statement of Mr. Messum, an oyster dealer and secretary of an oyster company at 
Emsworth, England, made before the Commission for the Investigation of Oyster Fisheries, in May, 1876, 
4 



22 

there were in the harbor of Eiiisworth, between the years of 1840 and 1850, so many oysters that one 
man in five hours could take from 2+,000 to 32,000. In consequence of over-fishing, in 1858 scarcely ten 
vessels could find loads, and in 1868 a dredger in five hours could not find more than tioenty oysters. 

" The oyster fisheries of Jersey, in the English Channel, afforded employment to 400 vessels. In six 
or seven years the dredging became so extensive and the beds so exhausted that only three or four vessels 
could find employment, and the crews of even that small number had to do additional work on shore in 
order to support themselves." 

In the chapter on dredging and tonging, in a later portion of this report, many facts are given regard- 
ing the former abundance of oysters in Canada and many parts of New England. In addition to these, 
it will be interesting to note the following facts taken from IngersoU's Report, regarding tlie former abun- 
dance of oysters in New York : 

In early days nearly all the creeks and inlets along the seacoast of the State of New York abounded 
in fine oysters, and most of the writers who described the resources of the province spoke particularly of 
the abundance of oysters in the immediate vicinity of the city of New York. 

In 1621 " very large oisters" were too common in Nieuw Amsterdam to find a market, as all could 
supply themselves directly from the beds without charge, and almost without effort. In 1671 Arnoldus 
Montanus, and in 1681 Sir George Calvert, mention among the advantages of the new settlement oysters 
a foot long, in great plenty, and easy to take, and letters written about the same time contain such state- 
ments as these : 

"At Amboy Point and several other places there is abundance of brave oysters." 

" Oysters, I think, would serve all England." 

" We have one thing more particular to us, which the others want also, which is vast oyster banks, 
which is the constant fresh victuals during the winter to English as ■well as Indians. Of these there are 
many all along our coast, from the sea as high as against New York, whence they come to fetch them." 

Peter Kalm,who wrote upon the subject in 1748, says: "The Indians who inhabited the coast before 
the arrival of the Europeans have made oysters and other shell fish their chief food ; and at present, 
whenever they reach salt water where oysters are to be got, they are very active in catching them, and 
sell them in great quantities to other Indians who live higher up the country ; for this reason you see 
immense numbers of oyster and mussel shells piled up near such places, where you are certain that the 
Indians formerly built their huts." He also says that the oyster beds were within view of the town of 
New Y'ork in 1748, and that the oystermen were able to earn eight or ten shillings a day. He says that 
at this date the value of the oyster fisheries of the province was much more than ten thousand pounds 
annually. 

Very much earlier, in 1679, Jasper Bankers and Peter Slyter, in a " Journal of a Voyage to New 
York," spoke of the abundance of oysters in the vicinity of what is now Brooklyn, and say that they 
found the oysters large and full, many l>eing more than a foot long. 

Even at this time New Y^ork oysters were exported to the West Indies, either pickled or fried and 
imbeded in a solid air-tight mass of butter, and Kalm says that in 1748 the exportation of fruit and oysters 
was a large and important business. 

The destruction of our beds has not come upon us without ample warning. 

In 1876 Prof. Mobius, a well-known German authority upon the subject, made the following proph- 
ecy : " In North America the oysters are so fine and so cheap that they are eaten daily by all classes. 
" Hence they are now, and have been for a long time, a real means of subsistence for the people. This 
"enviable fact is no argument against the injurious efl'ect of continuous and severe fishing. As the num- 
" ber of consumers increase in America the price will also surely advance, and then there will arise a 
"desire to fish the beds more severely than hitherto, and if they do not accept in time the unfortunate 
"experience of the oyster culturists of Europe, they will surely find their oyster beds impoverished 
" through their own neglect." 



23 

In 1S79 one of your commissioners called attention in the " Report of the Commissioners of 
Fisheries " to many facts, " wiiicli show that whether the danger of exterminating the best and most 
" accessible oyster beds is near or remote, it is sure to force itself upon us some time. * * * As 
" long as the consumption of oysters was restricted to the regions in the immediate vicinity of the beds, 
" the number of oysters which it would pay to gather and put into the market each season from each 
" bed was limited ; but with the present facilities for packing and transporting oysters there is no limit 
" to the number which can be utilized, and the danger of destroying the best beds grows greater every 
" day, and keeps pace with our increasing population and with the improvements in transportation." 

" If we wait until the beds are exhausted, the remedy will be slow and expensive, but prevention 
" of the danger in time would not necessarily be attended with any great expense." 

The same report contained an appendix by Francis Winslow, U. S. N., in which he detailed the 
results of his examination of the beds in Tangier sound. Although his reasons for his conclusion were 
not the same, his conclusion, which is given in the following extract, was the same as the one just quoted. 
He says: "Considering the abnormal ratios between the mature and young oysters, the increased 
"percentage of debris in the beds, the smallness of the number to the square yard, and the decrease 
" in these numbers in most of the beds, together with the large number of oysters, young and old, 
" annually removed, I am of the opinion that, though the fecundity of the beds in Tangier sound is not 
" yet destroyed, it is very much impaired, and that not only are the beds rapidly and surely deteriorating 
" from the excessive iisiiery, but that their total failure is but a question of time." 

Mr. R. H. Edmonds, of Baltimore, stated in the " Report on the Oyster Industry of the United 
States" in 1879 that "the Legislatures of Maryland and Virginia have, at every session for many years, 
revised and re-revised the laws upon this subject for their respective States ; but have always been con- 
tent to work in the dark, knowing nothing practically, and never seeing the value of obtaining full in- 
formation upon so important an industry. There is, perhaps, no subject of such vital importance to 
either State that is so little understood." 

" The present report must, at the best, be but the basis for a more elaborate and thorough scientific 
examination of this subject. From the chaos in which I found the business, so far as regards statistical 
information, I have tried to evolve some facts and figures which, by showing the importance of the trade, 
may cause a more careful study to be made of the means to arrest the present depletion of the beds, and 
provide ways for increasing the natural supply of oysters. Until this is done, it is almost useless to hope 
for wiser laws than those now in existence, many of which are not worth the paper upon which they are 
written. There are so many widely-diflering interests, each seeking, through its representative in the 
State Legislatures, to have such laws enacted as will protect its own particular branch of the trade, re- 
gardless of what may be desired or needed by other branches, that it is utterly ifseless to expect to please 
all. Politicians, however, dependent upon the votes of the unlearned as well as the learned, must seek 
by all means to please their constituents, however unwise may be their desires. The carrying out of this 
doctrine results in a conflict of opinion among legislators, and no one being willing^ to relinquish his own 
pet theories, much time is wasted in useless discussions; and, at last, when a billis proposed, it is sub- 
jected to so many amendments that, when finally passed, it would scarcely be recognized by its origina- 
tor. In this way the laws both of Virginia and Maryland bearing upon the oyster trade, are often worse 
than useless; and if by chance a law should be good, the means of enforcing it, and the penalties for vio- 
lating it, will be so inadequate that no good results will follow its passage. 

" While dredging, properly conducted, is no doubt beneficial to the beds, I am inclined to think that 
it is being carried too far, and that its ultimate efi"ect will be the same as in every European country 
where it has been unrestricted by proper laws. By some it is believed that the oyster beds of the 
Chesapeake bay are of such vast extent, and the number of young annually spawned so great, that it 
will be impossible to destroy them. In view of the experience of Great Britain and France, and of the 
almost complete destruction of many of the once famous beds of the Chesapeake, such an opinion is 



24 

witliout good foundation. The liistory of dredging in France and Great Britain is very instructive, and 
may be studied with much profit liy those who are interested in the preservation of the oyster beds of 
the Ciiesapeake bay * "" * " 

" As the best stocked and most productive beds of Europe were quickly destroyed by unrestricted 
dredging, so may the hitherto seemingly exhaustless beds of the Chesapeake bay be depleted, if the 
present rate of dredging is continued. An illustration of this may be seen in the almost total exhaustion 
of the once famous beds of Tangier and Pocomoke sounds. Tear after year these beds were dredged 
by hundreds of vessels, and even the summer months afforded them but little rest. The result of this 
has been plainly seen during the past few years, and more especially during the season of 1879-80, in the 
great scarcity of oysters in these sounds. Vessels have found it unproiitable to dredge in these sounds, 
since the oysters became so scarce, having turned their attention to other parts of the bay, and will thus 
give the beds a year or so of comparative rest. It is doubtful if they will ever again be as well stocked 
as in former years, for as soon as oysters again become plentiful, there will be a rush of all the dredging 
boats in the State. Thirty years ago the depletion of these beds seemed almost impossible, and yet, at 
the present time, it is an admitted fact that oysters have decreased at least four-fifths in Pocomoke sound 
ana wo-thirds in Tangier. If it were possible to restrict dredging so as to- give every bed an occasional 
year 1 rest, the result would prove the wisdom of such a course. Owing to the great extent of the 
oyster beds in the bay, and their immense annual production, it may be some years before there is an" 
oyster famine, but sooner or later it is coming, unless there is a radical change in some of the present 
phases of the business. Properly protected and cared for, the ' imbedded wealth ' of the Chesapeake 
might be increased many fold. It is a shame that the gifts so lavishly bestowed by nature upon 
Maryland and Yirginia should receive so little practical appreciation." 

There has been no lack of warning, nor can our people plead ignorance of the true remedy. In the 
paper which is referred to above one of your commissioners discussed at considerable length and warmly 
recommended a plan which was employed two years after by the people of Connecticut on a very exten- 
sive scale, and with such good effect that the oyster grounds of that State have been raised in three years 
from a position of insignificance to the front rank. 

If the importance of shelling our oyster bottoms with dead and clean oyster shells had been recog- 
nized at the time when we i-ecommended this practice, and if the laws which are needed for its encour- 
agement had then been enacted, our oyster supply would now bo in jio danger of exhaustion. 

The recon)inendation met with no attention, as it was looked upon as the impractical view of a 
student ; bat our people may perhaps be able to learn from the practical example of Connecticut what 
they would not learn on the authority of a scientific paper. 

If we do not it is sate to hazard another scientific prophecy and to point out that as our supply fails 
the oyster farmers of Connecticut are ready to bid for the business of supplying the market; that after 
the invested capital of the packing business has once departed from our State the practical shrewdness 
and industry and intelligence which have taken it away from us will be perfectly able to hold and retain 
it in opposition to anything we can do to the cojitrary. 

It rests with our people to decide whether they will wait for this practical lesson or not. In some 
cases it is worth while to shut the stable door after the horse is gone. Our experience of last winter 
shows that even when the enactment of laws enforcing vaccination has been neglected until the outbreak 
of a smallpox epidemic, it is not even then too late to benefit the survivors; but after the Yankee fisher- 
men of Connecticut have once got the oyster business into their own hands, they will be more difficult 
for us to handle than the smallpox. 

Our people should also be awakened to a sense that interest in the matter is not confined to the fifty 
or sixty thousand persons who now live by the oyster business, or even to those who value oysters as food. 
It directly influences the welfare of all of us and our posterity, for our oyster beds are our greatest source 
of wealth, and upon them, more than upon our commerce, or our manufactures, or our farming lands, 
the future wealth and prosperity and population of our State depend. 



Every one appreciates tliat it'is for his interest to get his little private supply of oysters as cheaply 
as possible, bnt scarcely any one, except the oysterman, realizes that this is the least of his interests in 
the matter. If our population were increased fifty fold, the oysters needed for home consumption ■would 
even then be only a small part of the supply which our waters can be made to furnish, and every one 
who is interested in Maryland, all business men who will be benefitted by an increase in wealth and 
population, all farmers who pay taxes to the State, and all persons who own property here, should awaken 
to the fact that our greatest source of wealth is almost absolutely undeveloped. 

The wealth which is within the reach of oiw people and their descendants from the oyster grounds 
of the State is great, almost bej'ond expression, and it is not too much to affirm that the money value of 
the grounds under the water is equal to that of the dry land. 

One of your commissioners has attempted to form a rough approximation to the area which is at 
present occupied by oysters in Maryland, and while, in the absence of exact surveys, the result cannot 
be regarded as strictly accurate, his conclusions, which are given in the following table, are certainly not 
excessive. 

Table No. 4. 
Areaa of Oyster Beds Approximately Ascertained. 



Square Yards. 

Fishing Bny Beds 25,600,000 

Were Point 1,800,000 

Shark Fin Point 1,800,000 

Nanticolie Point 3,400,000 

Clump Point 400,000 

Horsey's Bar Beds 200,000 

Tyler Beds 700,000 

Drumming Shoal 2,400,000 

Cow and Calf 300,000 

Bloodsworlh Island (East Bed) 4,000,000 

Cedar Beds 400,000 

Mud Beds 1,800,000 

Turtle Egg Island 1,050,000 

Chain Shoal 1,200,000 

Muscle Hole Bed 3,000,000 

Piney Island Bar 7,000,000 

Mauokin River Bed 0,200,000 

Big Anneniesse.\ 3,000,000 

Harris' Beds ; 3,400,000 

Terrapin Sand Beds 1,400,000 

^-aul's Bed 800,000 

Woman's Miirsli 7,000,000 

Bed of .Tanes' Island 1,800,000 

Great Rock 8,500,000 

St. Mary's County Bay Shore 48,787,200 



Carried forward 136,587,200 



Square Yarda. 

Brought forward 136,.587,2()0 

Calvert County Bay Shore 57,076,800 

James River to Islands to Boundary Line 42,240,000 

Anue Arundel County Bay Shore 88,281,600 

Kent County Bay Shore 31,608,400 

Talbot County Bay Shore 50,373^800 

Queen Anne's Couuty Bay Shore 48,787,800 

Susquehanna River Oyster Beds 14,700,000 

Sassafras River Oyster Beds 3,300,000 

Back River Oyster Beds 3,200,000 

Back River Oyster Beds , 1,200,000 

Gunpowder River Oyster Beds 3,800,000 

Bush River Oyster Beds 1,300,000 

Hawk Cove Oyster Beds 960,000 

Patapsco River Oyster Beds (Old Road River to 

Sollers' Point) 3,800,000 

Chester River and Creeks Oyster Beds , 21,400,000 

Bodkin Creek Oyster Beds 5,000,000 

Magothy River Oyster Beds 8,900,000 

Severn River Oyster Beds 3,500,000 

South River Oyster Beds 6,000,000 

Eastern Bay and Creeks Oyster Beds 19,400,000 

Choptank River to Cambridge Oyster Beds 13,300,000 

Little Choptank River Oyster Beds 7,1 00,000 

.Patuxent River to Benedict Oyster Beds 17,300,000 



Total.. 578,224,000 



Five hundred and seventy-eight million square yards are about one hundred and ninety-three square 
miles, or one hundred and twenty-three thousand five hundred and twenty acres. 

As Winslow found, by actual survey, that there are 103 square miles of natural oyster beds in Tan- 
gier Sound alone, this estimate of 103 square miles for our whole territory is certainly not excessive, and 
it will be noticed that the Potomac river is not included in this estimate. 

We show in another part of our report that only a very small part of the bottom which is proper for 
oyster farming is now occupied by natural beds, and it is safe to estimate the total area of valuable oyster 
ground in our State at one thousand square miles, or six hundred and forty thousand acres. 

Much of this ground could be made to yield to its cultivators an annual profit of $1,000 per acre, 
and the profit on the whole, under a thorough system of cultivation, would not be less than $100 jjer 
acre. It is not too much to affiru; that when the whole of this area shall have been developed, the future 
citiaens of our State will be able to draw an annual .income of over sixty million dollars from our waters. 



26 

At present, however, their value is very much below this estimation, and under the present system of 
management it is rapidly disappearing altogether. The oyster crop has never been very much more than 
10,000,000 bushels, and its value to the fisherman has never, in all probability, exceeded $2,000,000. It 
is not easy to ascertain its precise value with great accuracy, but $2,000,000 annually is a safe estimate, 
and the actual annual value of the oyster beds, under a system which is rapidly leading to their complete 
destruction, is thus seen to be less than three per cent, of their possible value. 

An abstract statement in figures is always open to distrust, and in order to guard against any impres- 
sion that the value stated above for our oyster grounds is imaginary, we wish to call attention here to 
what has actually been realized in other places. 

The oyster beds of Rhode Island were long ago so depleted that they have long ceased to be of any 
value as a source of food, and there is now only one river in the State where seed oysters for planting 
can be procured in any quantity. 

A few years ago laws were passed to foster and develop the planting industry, and in 1S79, 962 acres 
of planting ground were occupied under this law, and notwithstanding the fact that nearly all the seed 
oysters must be purchased outside the State, these 962 acres yielded in 1879 oysters which were sold by 
the cultivators for $680,500. 

We hope to show further on that oyster-planting is by no means the most profitable use to which 
our grounds can be put, but a simple computation will prove that if all our grounds were used for this 
purpose and were no more profitable than those of Rhode Island, our 640,000 acres would annually yield 
to their cultivators nearly five hundred and fifty million dollars. 

There is no fear that the market will ever be overstocked with a cheap and nutritious article of food 
like the oyster; and as improvements in the method of packing and transporting oysters are introduced, 
the demand for oysters to supply the rapidly increasing population of the United States will fully tax all 
the resources of our waters, to say nothing of the demand from Europe. 

The greater part of our report is devoted to an explanation of the means which can be employed in 
order to develop the resources of our oyster grounds, but this is all that lies within our power. 

It rests with the people of Maryland to decide whether these resources shall be developed, and until 
we are prepared to avail ourselves of our natural advantages, and reap the harvest which lies within our 
reach, nothing can be accomplished. 

Our present oyster policy has had a thorough trial, extending over a long term of years, and we may 
therefore ask now, with perfect propriety, what it has accomplished. We believe that any one who is in* 
the position to view the subject from all sides, or any one who will candidly weigh the facts which are 
detailed in this report, will acknowledge that the following is a just answer to this question : 

Under our present policy our beds have yielded about ten million bushels of oysters a year, from 
grounds which are capable of yielding over five hundred million bushels annually. 

Our present policy has resulted in the destruction of some of our most valuable beds, and in the 
serious injury of all of them, while other States have greatly increased the value of their beds at the 
same time that they have increased instead of restricting the fishing. 

It has paid a profit of less than 100 per cent, annually upon the capital invested in the business, 
while money thus invested in other States has paid an annual interest of more than 200 per cent. 

It has given employment to about fifty thousand of our people for part of the year, while our 
grounds should give profitable employjueut to five hundred thousand people for the whole year. 

It has done nothing to encourage migration into our State, although our natural advantages, if they 
could be utilized, would draw to us a very desirable class of emigrants. 

It has paid our oystermen about two million dollars a year, although our grounds should pay to their 
cultivators over sixty million dollars a year. 

Over six hundred thousand acres of oyster ground has paid to the State treasury about fifty thous- 
and dollars a year, and it has paid about ten thousand dollars a year to the school fund, while the Gov- 



27 

ernor of Rhode Island reports that his State will this year receive a revenue of over eleven thousand dol- 
lars from eleven hundred acres of oyster ground, none of which is so valuable .as that of our State. On 
the same basis our revenue should be more than six million dollars a year. 

The interests of the people of our State, therefore, demand a complete change in our oyster policy ; 
but as your commissioners believe that hardships to a few should outbalance benefit to many, we hesitate 
to recommend any sweeping change, and we have, therefore, attempted to devise a plan which shall open 
the way for improved methods, and shall also protect the rights of those who are now engaged in the 
business, and shall preserve the beds from complete destruction until a new system shall be gradually 
introduced. 

The statement that the public treasury of Maryland receives over fifty thousand dollars a year from 
the oyster ground seems, at first, to imply that the oyster industry contributes to the general expenses of 
our government, but more careful examination shows that this is not the case. The revenue is not only 
very much less than it should be, but the cost of collecting it is in excess of the receipts. In proof of 
this we refer to the following table of receipts and expenses from this source between 1878 and 1883. 

It will be seen, from this table, that while the receipts for tlie past live years have been the very con- 
siderable sum of $210,332.24, the expenses have been $217,753.07, or $7,420.83 more than the revenue: 



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29 

The statements which Ave have made above regarding the profits of capital invested in the oyster 
business here and elsewhere, are based upon computations which have been made by Mr. W. B. Hop- 
son, the editor of the "Sea World and Packers' Journal " of Baltimore. 

In the issue of November 25, 1882, Mr. Hopson gives tables, chiefly compiled from the Report of 
the U. S. Census for 1880, to show the amount of capital invested in the business, and the number 
and value of the oysters, and he summarizes his conclusions in the following words: 

" The Middle States have some $4,871,000 of capital embarked in the fisheries, employ over 
19,000 persons, and return a gross income of nearly $9,000,000. 

" The Southern Atlantic States have invested over $8,^000,000 of capital, employ 57,000 persons, 
and collect a gross income of $9,562,000. 

" It will be noticed that while the Southern fisheries have nearly twice the capital invested and 
employ three times as many persons as the Middle States, yet the income returned is only one-eighth 
more than that of their Northern competitors. 

" The gross income of the oyster fishery in the Middle Statee is 204 per cent, of the invested 
capital, while in the Southern States it is only 94 per cent. 

" To sum up this distressing exhibit, statistics show that one oyster from the Middle States is 
worth four from the South; that to get those four oysters, or one for that matter, the Southern fishery 
uses from two to three times as many men as their neighbors and rivals; and that notwithstanding 
the immense yield of the Southern fishery, it pays not half so much in gross income as that of the 
Middle States, and that out of this must come the wages of double the number of employees." 



CHAPTER rV. 



THE CAUSE OF THE EXHAUSTION OF THE BEDS. 

While the reason for the exhaustion of our beds is perfectly clear and simple, the greatest igno- 
rance upon this point exists in the minds of our people. It is not essential that a patient should know 
the nature and cause of his disease, but this knowledge is of the greatest importance to his phj'sician, 
and it is of equal importance that the men who are called upon to legislate for the preservation of our 
oysters should clearly understand the true reason for their destruction. 

We state, then, in capital letters, that our beds are in danger, 

BECAUSE THE DEMAND HAS OUTGROWN THE SUPPLY. 

There are only two possible remedies. Either we must diminish the demand by killing the pack- 
ing industry which has created it, or we must increase by artificial means the natural supply of 
oysters. 

Even if our natural beds could be restored and placed as they were twenty years ago, this would 
only delay for a few years their final exhaustion, for the demand is now far beyond the natural produc- 
tive powers of our waters, and it is growing greater every day. 

The dail}^ papers for the last year have published, nearly every day, letters from oystermen who 
believe that they can point out the true remedy, and the proposed remedies are almost as numerous as 
the authors, and nearly all the letters give statements which, while they are perfectly true, are based 
upon such narrow experience that they ai-e of little or no value as contributions to a broad, compre- 
hensive view of the problem. 

The tongmen know that most of the oysters have been taken away b}' the dredgers, and they, 
therefore, advocate the prohibition or restriction of dredging. Ignorant of the fact that in localities 
where no dredging has been allowed, tlie natural beds have been exhausted b}- tongmen, just as soon 
as a demaud for the oysters sprung up, they believe that the prohibition of dredging is all that is 
needed to restore the beds. The dredgers, on the other hand, attribute the injury to the law which 
allows the tongmen to take oysters for private use in the summer, forgetting that the beds of Connec- 
ticut are rapidly increasing in value under a law which allows not only tonging, but dredging as well 
all through the year. The small dredgers and scrapers hold that the larger vessels are destroying the 
oysters by the use of heavy dredges, although the Connecticut farmers find it to their interest to use 
on their own private beds, far heavier dredges, which they drag over the beds by steam. 

Many of the oyster packers, who carry on their business only in the winter, believe that all the 
damage is due to the oystermen who fish in March, April and May, and men who have money invested 
in the oyster business in Maryland, believe that the exportation of oysters in the shell, and especially 
oysters for planting in Northern waters, is the cause of the mischief 

All agree in throwing the blame on some one else, and all believe that some form of the business 
in which they are not interested is responsible for the present state of things, and should be prohibited, 
but as the oyster navy is a convenient scape-goat, all parties unite in throwing tlie blame upon the 
4)fRcer8 of the Fishery Force. 



31 

Certain writers attribute the destruction of the oysters to disease, like the pious oystermen of 
Wellfleet, on Cape Cod, who, after they had exterminated their oysters by over-fishing, laid their loss 
upon Providence, which had, they said, punished them for their sins by inflicting a fatal disease upon 
the innocent oysters. 

Some of the explanations of the destruction of the oysters come from persons who have enjoyed 
such opportunities for observation and study of the subject that broader views might fairly be 
expected from them. 

Thus, to explain the disappearance of oysters from the New England coast, north of Cape Cod, 
a well-known conchologist. Dr. Gould, says that he does not believe there were ever any oysters there, 
while a very eminent naturalist. Prof. Verrill, holds that the climate of New England has undergone 
a change within the last century or two, and that it is now too cold for oysters, although a few scat- 
tered oysters are found there still, and although they are still abundant at some points on the much 
colder coast of New Brunswick, and although we have the minute accounts which the early settlers 
have given us of the gradual destruction of their oysters as the population increased. 

We can hardly be surprised that our people should exhibit total ignorance of the true cause of 
the destruction when we recollect that there is not a single word in any of the laws of Maryland 
which indicates that our legislators are aware that the supply of oysters can be artificially increased 
or that there is need for any such increase. 

The contrast between the views upon the oyster question, which are now prevalent among our 
people and those which come from a broad-minded consideration of the question in all its relations, 
can be illustrated by an example. The uncivilized Indians are able to supply all their wants from the 
natural resources of their hunting grounds, but as population increases, food grows scarcer and hard 
to prociire, and it soon becomes evident that the natural supply is not enough. The first impulse, in 
such an emergency, is to restrict the demand, by driving away or starving out the superfluous popu- 
lation ; and if savage tribes were able to enact and enforce laws, they would no doubt try to preserve 
their game by laws restricting the quantity to be killed, or by laws forbidding the use of improved 
appliances for capturing it. 

Civilized races have long recognized the fact that the true remedy is not to limit the demand, but 
rather to increase the supply of food, by rearing domestic sheep and cattle and poultry in place of 
wild deer and buffaloes and turkeys, and by cultivating the ground instead of searching for the natural 
fruits and seeds of the forests and swamps. 

It is not in a spirit of harsh criticism, but in the hope that our people may be awakened to their 
own interest, that we point out the similarity between the views of our people and their legislators and 
the opinions of savage races. We live in a highly civilized age, and if we fail to grasp its spirit we 
shall go to the wall before the oyster cultivators of the Northern States, just as surely as the Indians 
have been exterminated by the whites. We cannot resist the progress of events, but we can control 
it if we will be wise in time. 

Two gentlemen, who are qualified by an extensive experience with our own fisheries and those of 
other States, have lately published their views upon the subject, and these views form a striking con- 
trast to those which- liave just been referred to. 

Lieut. Francis Winslow, United States Navy, is a well-known authority upon the oyster ques- 
tion, as he has devoted several years to the study of our beds and of all the various aspects of the 
oyster industry in all parts of our State, as well as in other States and in Europe. 

He has recently published the following expression of an opinion, which is identical with the one 
we have given above — that the demand has outgrown the supply. 

He says "Not only must the fecundity of the beds be preserved, but the market supply must 
also be kept up to the present clenaand, if not actually increased; and is a cessation of dredging likely 



32 

to accomplish the latter end, when at present the vast fleet of pungies and canoes are straining every 
rope and windlass and openly violating every law of two powerful States in order to tind oysters in 
the required numbers ? The truth is that the Chesapeake beds are no longer equal to the demands 
made upon them. Some policy must be adopted which will supplement the supply granted by nature, 
or else prices will surely rise." 

"No mere restriction of the fishing can possibly accomplish the desired end. It may prevent the 
extinction of the beds as they are now, though that is doubtful. It certainly will not relieve in the 
least the present condition of tlie market. What should be done is to adopt a policy similar in essen- 
tial features to that of Connecticut. The fishery of that State is one of the few instances of recupera- 
tion on record. I know of many destroyed oyster fisheries, and I know of a few that have been 
rebuilt, and I find one cause common to all failures and as common to all successes. In the first 
instance, the fishery has been common property, its preservation everybody's business — that is, 
nobody's — and consequently it has not been preserved. In the second instance, the fishery has been 
conducted and owned by persons singly and together as private property; it has been this, that or the 
other man's business to see to its preservation; that is, its preservation has been everybody's business 
instead of nobody's, and consequently it has been preserved." 

"Maryland cannot escape the aotion of universal laws, and the sooner those interested in the mat- 
ter recognize the fact, and that a man does best by his own, whether it be a wheat or oyster farm, the 
sooner will a correct conclusion be reached regarding the oyster question." 

"Baltimore Sun, Dec. 3, 1883. FRANCIS WINSLOW, Lieut. U. S. N." 

Mr. W. B. Hopson, the editor of the "Sea World" of Baltimore, is also familiar with the subject 
in all its varied aspects, and he has recently expressed the following opinion: 

"Now, as to the cause of depletion, we must find that the rapid growth of the business of oyster 
packing, facilitated by improved means of transportation, is the cause, made possible by the entire 
absence of proper laws or license to foster the natural resources of the beds. Ignorance and local 
prejudice alone stand against this statement and take refuge in the exploded theory of " over-fishing." 
Whether designedly or ignorantly, all who give study to the subject are in conflict with science, prac- 
tical experience and the most careful examinations of the beds and mode of catching in the assertion 
that "over-fishing" depletes the beds upon any other principle than an annual increase of the oyster 
industry, and the absence of any cultivation to recuperate them. Scientific investigation has proven 
that what has fostered the industry in the waters of other States, and annually added to their value, 
lias, in the presence of a superior climate in our waters, a larger possibility by thousands. While, 
then, too many oysters are taken in winter because of the want of cultivation to reproduce them, we 
look to such remedies as will arrest the depletion. W^here else shall we look for etficient remedies if 
not to those sections where the most satisfactory and remunerative results have been obtained? The 
natural supply of oysters has been as great as it ever will be, and proving insufficient for the growing 
demand, the favorite theory of closing certain districts to dredging will not affi)rd a desirable remedy. 
Oyster farming, which has been successfully pursued in northern waters, must now or hereafter be 
employed to bring about satisfactory results. There is no contrary opinion which can stand against 
this proved remedy. If the question of what was best to do and what was possible rested entirely 
iipon the theories of men, the simple law of propagation would be found at variance with the theory 
that the natural beds, in the condition that they now are, could reproduce commensurate with the 
continually growing demand. When the minute stud}' of the reproductive possibilities of the oyster, 
with the conditions necessary thereto, is backed by practical and profitable experience, of which we 
have so often furnished proof; when facts of unquestionable success in oultivt^tion are easily attainable 



33 

it does seem for the salvation of the oyster industrj a whole army of fool-killers were necessary in 
our midst." 

The euiergeney can be met by legislation to prohibit dredging and wholesale tishing, and to 
drive the oyster business out of our State, but we can hardly conceive a greater misfortune to our 
people than this would be. Still, if this were the only way to preserve our oysters, we should be the 
first to recommend it, and thus preserve for the people of our tide-water counties the supply of cheap 
food which nature has placed within their reaclr; but fortunately this is not the only remedy, and it is 
quite possible to increase our annual supply of oysters many hundredfold. 

The ignorance of our people regarding the means which must be emplo^'ed for this purpose, and 
their prejudices upon the subject, are so great that this cannot be done immediately, and it is there- 
fore necessary for us to do all that can be done to preserve our present resources, and to keep our 
l)eds from complete destruction until our natural supph* can be supplemented by artificial methods. 

We shall, therefore, divide the rest of our report into two parts, and we shall examine, first, what 
can be done under our present oyster policy to preserve our natural beds; and, secondly, we shall try 
to point out the way in which our supply can be increased. 



CHAPTER V. 

On (he 3Ieans which are Necessary to Arrest the Destruction of our Natural beds. 

Section 1. On the Wanton or Unnecessary Destruction of Oysters, and on the Prothction of 

Young Oysters, and the Restoration of Oyster Shells to our Waters. 

One explanation which has been urged to account for the destruction of our oyster beds is the 
wanton or unnecessary destruction of young oysters. Upon the piles of shells which are thrown out 
from the packing houses, great numbers of young shells can often be found. They are, of course, 
dead and as they are too small to be of any use, their destruction is a clear loss to our people. It is 
impossible to prtv^'nt this from happening occasionally, as in many cases the little oysters are so small 
and so tirmly fastened to the old one, that they cannot be removed without destroying them, and even 
if the oystermen could be compelled to throw back into tiie beds any large oyster which has small 
ones fastened to it, there is reason to doubt whether this would be advantageous, for one full-grown 
oyster like a bird in the hand, is more valuable than two small ones which may or may not grow up 
to maturity. We believe, however, that in cases where great numbers of young are fastened to the 
large ones, the use or destruction of them at the packing house should be discouraged. This difH- 
culty will disappear with the growth of the planting industry, for small oysters will then be valuable 
as seed and they will pass into the hands of the planters instead of going to the packing houses. The 
true remedy, therefore, is the encouragement of planting, and if our people would develop this busi- 
ness immediately, all need for special legislation would disappear. 

There is little hope that this will be done immediately, and the question whether the consump- 
tion or destruction, by the packers, of immature oysters, should not be prohibited by law presents 
itself for discussion. Your commissioners believe that such a law should be passed, if any means of 
enforcino- it can be pirovided, and we therefore recommend that if an}' dealer in oysters for food shall 
have in his possession any oysters so small that a bushel measure, as defined by law, will contain more 
than three hundred, he shall be made liable to a fine of $1 for each bushel, and we also recommend 
that the commanding officers of each of the police steamers shall inspect the oysters at each of the 
packing houses in his district, at least twice in each season, for the enforcement of this law. 

The destruction of young oysters at the packing houses is trifling, however, compared with that 
which results from violations of the culling laws. When a dredge is brought up from an oyster bed, 
it usually contains a few marketable oysters and great quantities of empty shells, which are often cov- 
ered with young oysters. The law requires that these shells shall be thrown back upon the beds where 
they are taken, under a penalty of three years' imprisonment, or three hundred dollai's fine, or the 
forfeiture of the boat used, but the enactment of this law has failed to remedy the evil. It is and 
always must be very difficult to enforce a culling law, and as the captain of a dredging boat wishes to 
improve his time on the beds to the best advantage, and to make the most of pleasant weather'while it 
lasts it is of course, to his interest to fill his boat as quickly as possible, and all hands are therefore 
so fully employed in catching oysters that there is no time to cull them. Even when a captain is dis- 
posed to cull on the beds, he may be compelled, by stormy weather, to run for harbor, and will then 
employ his crew in culling the oysters while lying in harbor. The shells are then dumped overboard 
in heaps around the anchorage, and even if the bottom should by chance be favorable for the growth 
of the oysters, they are smothered and killed under the heaps of shells. 



35 

The only way in which this can be prevented is by making it to the interest of the fisherman to 
save rather than to destroy the small oysters, and this can be done by the encouragement of planting. 
There is enough suitable ground under our waters to rear to maturity all the seed oysters whicli the 
natural beds can yield, and the time is sure to come when it will not pay the fisherman to destroy 
those which cannot be sold to the packers, and it will not be necessary to legislate for their protection. 

The penalty for the violation of the present law is severe enough, and we do not recommend any 
new or additional penalty. 

The aim of the culling law is twofold: first, to preserve the j'oung oysters, and secondly to 
compel the return of the dead shells to the beds, that they may serve for the attachment of spat. 

The value of these shells for this purpose is not very great, as they are usually decayed and 
slimy and covered with sponge, but it is undoubtedly true that they are sufficiently valuable to jus- 
tify the culling law. The dry, clean shells which accumulate at the packing houses during the winter 
are far more valuable, and if these could be returned to the beds in the summer a great increase in 
fertility would certainly follow. 

The improvidence of the people of the United States in dealing with their oysters, so long as the}' 
were abundant, has been almost beyond belief. The early settlers found at their doors a supply which 
they regarded as ine.xhaustable, and they not only used them freely as food, but they also spread them 
upon their fields as manure, and poured them, alive, into their lime-kilns and iron furnaces. In the 
Northern States the beds soon showed signs of exhaustion, and these practices were prohibited by law. 

New Jersey enacted laws in 1775, in view of the fact that "A practice hath prevailed of raking 
and gathering] great quantities of oysters with intent to burn the same for lime only, whereby great 
waste is made, and the oyster beds thereby in danger of being entirely destroyed," and prohibited this 
practice under heavy penalties, and in 1847 the same State imposed a fine of $50 for gathering oysters 
to be used in the manufacture of iron. 

Mr. Earle, of the U. S. Fish Commission, states that no longer ago than 1879, the oystermen of 
Pamlico Sound, in summer, when the weather became too warm for them to safely carry their oysters 
to market, were in the habit of catching " coon oystersj" and carrying boat loads of them up the rivers 
to the farmers who purchased them for from 3 to 5 cents a bushel and used them for manure. 

In Maryland we have no general law forbidding these practices, although there are several local 
laws, such as the law of 1868, imposing a fine of $500 upon any one who takes oysters in Worcester 
county for the purpose of converting them into lime, and the law which imposes a fine of $10 upon 
any one who catches oysters for manure in Somerset county, or any person in said county who pur- 
chases oysters for manuring land from any person who shall have caught them in the waters of said 
county. The wording of the law seems to have been designed to permit the residents of this county 
to purchase, outside the count}*, oysters to be used for manure; and therefore suggests that a State law 
may be necessary. 

We therefore recommend that a law be passed prohibiting, under a penalty of three years' im- 
prisonment, for each offence, the taking, or sale, or use of oysters as manure, or to be burned in lime 
kilns, or to be used in the manufacture of iron. 

THE RETURN OF SHELLS TO THE BEDS. 

As it has taken our people nearly two hundred years to discover that we cannot afford to destroy 
oysters in this way, we can hardly expect them to perceive that clean, empty shells are also so valua- 
ble^that their use^for lime, &c., should be prohibited. 

One of your commissioners called attention to the very great value of oyster shells in 1879, in an 
appendix to the report of the Fish Commission, and showed that a great increase of fertility would 
follow the return of the shells to the waters of our bay. The history of the Connecticut oyster fish- 



S6 

eries for the last three years shows that if this advice had heen followed our beds would not now he 
exhausted, and we therefore quote the passage, from page 29, of the " Report of the Commissioners of 
Fisheries of Maryland for 1880," in which this advice was given, together with the reasons for it : 

" As the young oysters swim to and fro in the water they are carried to great distances by the 
" tides and currents, and reach all parts of the region of water in which the parent bed is situated. In 
" a favorable year a floating plauk or bush, or piece of driftwood will be found to become covered 
"with small oysters which have fastened to it, although it may not be within miles of any natural 
"oyster bank. The fact that the young may be collected in this way in any part of the Chesapeake 
" bay shows that the young oysters must settle down upon the bottom in nearly all parts of the bay, 
"and we should expect the adults to have an equally general distribution. 

" This is far from the case, and nothing would be farther from the truth than the idea that the 
" bottom of the waters of the oyster region is uniformly covered with oysters, and that it is only neces- 
" sary to throw a dredge overboard and drag it along the bottom for a short distance in order to bring 
" it up full. Nothing could be a greater mistake, for both in this country and in Europe the oysters 
"are restricted to particular spots, "beds" or "banks," which are as well defined and almost as sharply 
"limited as the tracts of woodland in a farming country. These beds are so well marked that they 
" can be laid down on a chart or staked out with buoys, and even in the best oyster regions they occupy 
" such an inconsiderable part of the bottom that any one ignorant of their position would have very 
"little chance of finding oysters by promiscuous dredging. Although the young are distributed 
"every year, by tides and currents, to all parts of the bottom, the dredge very seldom brings up even 
" a single oyster outside the limits of the beds. 

" The restriction of the oysters to certain points does not appear to depend upon the supply of 
" food nor upon the character of the water, but almost entirely upon the nature of the bottom. The 
" full-grown oyster is able to live and flourish in soft mud, as long as it is not buried too deeply for 
" the open end of the shell to reach above the mud, and draw a constant supply of water and food into 
" the gills. The placing of adult oysters upon such bottoms at convenient points, to " fatten " for the 
" market, is a well-known practice. The oyster embryo would be engulfed and smothei-ed at once if it 
" should settle down upon such a bottom, and in order to have the least chance of survival and long 
" life the young oyster must find some solid substance to fasten itself to, in order to preserve it from 
" sinking in the soft mud or from being covered by shifting sand or gravel. As soon as the young 
" oyster finds such a solid body, rough and clean, it fastens one valve of its shell to it, by secreting a 
" cement of shelly matter around the growing edge. The living and dead shells of the adult oysters 
" furnish the best surfaces for the attachment of the young, and for this reason the points where 
" oyster beds are already established are those where the young have the most favorable surroundings 
" and the best show for life, and the beds thus tend to remain permanent and of substantially the same 
" size and shape. 

" At the time of attachment the shell of the young oyster is still very thin and delicate, and the 
" animal falls an easy victim to the numerous enemies which abound upon the oyster beds, such as crabs 
" of various sorts, carnivorous gastropods and various fishes. It is not an uncommon thing for fifty or a 
" hundred " spat" to attach themselves to one full-grown shell. Some of them are killed by enemies 
" and others are crowded out, so that only a few grow up at the expense of the others, and the number 
" which survive is astonishingly small. ******** 

" It is well known that shell fish of all kinds thrive best where the supply of lime is greatest. 
" The fresh water mussels, which live in streams and ponds where the supply of lime is scanty, grow 
" slowly, and their shells are so thin that they are very subject to accidents, and their numbers are 
" limited ; but in limestone regions the shells are large and heavy, and the bottoms of the streams ami 



EXPLANATION. OF PLATE I. 

FiGURB 1 — An oyster shell upon the inside of which about one hundred and fifty yonna; oysters have 
fastened themselves. This is one from the lot of shells which were sold by Mr. Church, of Crisfield, 
from the pile of sheila at his packing house to an oyster farmer in Long Island Sound. Mr. Church visited 
the farm five weeks after the shells were shipped, and took up a number of the shells, and he states that 
the one which is here figured is a fair sample. 

FiGUEK 2. — An adult oyster, natural size, from Bird Bed, in Pocomoke Sound. Copied from 
Winslow's " Report on the Oyster Beds of the James River, Va., and of Tangier and Pocomoke Sounds." 

FiGUKE 3. — A pipe, upon the bowl of which six oysters have grown ; from the Chesapeake Bay. 



REPORT MARYLAND OYSTER COMMISSION. 



PLATE I. 











37 

" almost paved with mussels, and it is well known to conohologists that eorel reets and islands ai-c the 
" most fixvorahlo regions for the ahundant growth of all kinds of shelled nioUuses. 

" The dead oyster shell is soon corroded, and in a few years entirely dissolved hy the sea water; 
" and I think this fact is another reason wliy the young oysters thrive best on a natural bed. 

" IIow far the supply of oysters is limited by the supply of lime it is impossible to say; but when 
" we recollect how important it is that tlie young oysters should soon find solid bodies to fasten them- 
" selves to, and that they should protect themselves by strong shells of their own as quickly as possi- 
"ble, it will be seen that the danger of exterminating a valuable bed by over dredging would be 
" much less if the empty shells were replaced upon the beds." 

If this advice had been followed at the time it was given, our oyster beds would now be much 
more valuable, but no attention was paid to it, although the attention of our people has been recently 
attracted to the subject by the fact that within the last two years the Connecticut farmers have visited 
our packing houses and have taken away ship loads of shells, which have, in many cases, been pur- 
chased at two or three cents a bushel, to be used in shelling the oyster farms of Long Island Sound. 

Your Commissioners received this fall a number of oyster shells covered with young oysters, and 
accompanied by a sworn statement by Mr. Church, of Crisfield, Maryland, that he sold these shells in 
June, from the heap which had accumulated at his packing house at Crisfield during the winter, to an 
oyster farmer, who took them to Long Island Sound and scattered them upon his private farm. Mr. 
Church says in his letter that he visited this farm about five weeks after the shells were shipped, and 
that, taking some of them up at random, he found them covered with young oysters, and he states 
under oath (hat the shells which he sent us, some of which are copied in Figure 1, of Plate I, arc some 
of those which he sold. 

The Commissioners of Shell Fisheries of the State of Rhode Island, in their annual report for 
the year 1882, make the following statement upon this subject : 

"The oyster shells, which have for years back been considered almost worthless, have, within a 
" short time, become valuable to the oyster fisheries. It is a well-known fact that large quantities of 
"shells are purchased here from the oyster business, and these shells, which have, until a short time, 
" been considered worthless, are now selling for from eight to ten cents j^er bushel, to be carried out of 
" the State, (mostly to "New Haven,) for the purpose of planting them in deep water in Long Island 
" Sound, to catch the oyster spawn and for the raising of oyster seed. These shells are taken up at 
" the expiration of two years, and, with the increase of oysters adhering to them, are brought back to 
"the same parties selling the shells in the first instance, for the purpose of planting in our waters, 
" and the price paid for them is from forty to fifty cents per bushel." 

Although your commissioners cannot forget that the statement by one of our members five years 
ago, that this is a matter of great importance, has been passed over in absolute silence, and has attracted 
no attention, we feel that the matter is worth}' of one more effort, the more especially as the enter- 
prise of prat'/icai Connecticut oystermau may have taught our people a lesson which they would not 
learn from a scientific student. We therefore recommend that such laws be passed as are necessary- to 
compel the return of the shells to the beds. The simplest way to do this is to adopt the Connecticut 
plan of private farming, and we may be sure that just so soon as the fruits of private enterprise are 
secured to the cultivators, private interest will lead to the return of the shells to the water, as it has 
already done in Connecticut. In the meantime we believe that something may be accomplished indi- 
rectly by the State. Oyster shells accumulate at the )iacking houses so rapidly, that it is necessary for 
the packers to dispose of them in some way, and they arc used in great quantities fi)r building roads 
and wharves, and in the lime kilns and iron furnaces. As they are much too valuable to our people 
to permit their use in this way, we believe tliat if these practices were forbidden by law, the packers 
would be compelled to return them to the waters of our bay, in order to get theni off their hands, 
6 



38 

If, in addition to this, a law were passed forbidding the dumping of shells anywhere except upon 
designated areas, where they would be useful, we believe that our public beds could be reshelled with- 
out expense to the State, and as it is perfectly proper that the jiackers, who, by the demand which 
they have created for oysters to supply people outside our State, have caused the need for legislation, 
should bear the expense of replenishing the public beds, we recommend that a law be passed to forbid 
the use of oyster shells in lime kilns, or in the manufacture of iron, or for road making, or wharf 
building; and that a law be passed requiring the commander of each police boat to designate spots in 
his district where shells may be deposited upon the bottom, and that a law be passed directing that no 
shells shall be deposited in our waters from vessels at anchor, or from vessels which are not under 
weigh, or at any spot except those designated for the purpose by the officers of the oyster police. 

Section II. — Exportation of Oysters for Planting. 

One of the causes to which the destruction of our oyster beds is often attributed is the exporta- 
tion of small oysters into other States. We have tried to gather information as to the extent to 
which this is practiced, but it is difficult to obtain exact statistics. Ingersoll gives a statement of the 
number of Southern oysters which were taken Xorth for planting from the Chesapeake Bay in 1880, 
but there is no way to tell how many of them were large, marketable oysters wliich were planted in 
Northern waters for a short time while awaiting a market, and how many were small " seed " oysters 
which were placed upon the planting ground to grow to maturity; neither is it possible to decide 
with much accuracy what part of the whole number were taken from our own waters and how many 
from Virginia. 

Ingersoll states in his "Report on the Oyster Industry of the United States" that — 

6,000 bushels of Chesapeake oysters were planted annually at Wellfleet, Mass. 

475,.500 " " " " " at Boston, Mass. 

40,000 " " " " " at Salem, Mass. 

3,000 " " " '' " at Newburyport, Mass. 

5,000 " " " " " at Portsmouth, N. H. 

S,000 " " " " " in other cities of New Hampshire. 

75,000 " " " " " at Portland, Maine. 

7,000 " " " " " in Buzzard's Bay and Vineyard Sound. 

600,000 " " " " " in Narragansett Bay. 

65,000 " " " " " in Eastern Conn. 

460,000 " " " " " at New Haven Conn. 

175,000 " " " " " in New York Bay. 

650,000 " " " " " on West Shore of Delaware Bay. 

940,000 " " " " " in Delaware. 



Total.. 3,375,500 

This practice has existed for many years, and Cheaspeake Bay oysters were taken to New York 
and to New Jersey for planting as l*ng ago as 1825. In many places many more Southern oysters 
were planted in former years than at present. Gould states that 40,000 bushels were used at "Well- 
fleet, Mass., in 1840, and 100,000 in 1850. It is probable that for the twenty years immediately pre- 
ceding the war the town of Wellfleet planted on an average 50,000 bushels of Chesapeake Bay oysters 
each year, or a million bushels in the 20 years, but during the war the business declined, and it is no 
longer centralized in this town, which in 1880 planted only 6,000 bushels. 

The exportation of seed oysters from the Chesapeake Bay for planting in Connecticut was carried 
on upon a very extensive scale for more than fifty years, although it has practically ceased within the 
last ten years, and the Connecticut fiirmers are now able to supply all the seed which is needed in the 
State. 



39 

IngersoU gives the following interesting account of the growth of this industry : 

"It came about, that among the first places in New England to import oysters from New Jersey, 
and then from Virginia, to be transplanted for additional growth, was Fair Haven; and it is probable 
that far more oj'sters were brought there from the Chesapeake twenty years, or even ten years ago, 
than now are. At that time a large fleet of Connecticut vessels was employed in this traffic every 
winter, and some stirring traditions remain of perilous voyages during the icy season. They were 
bettor oysters that came in those days, also, than now. While a large majority of these cargoes were 
at once sent into the current of winter-trade, and distributed to customers all over the State (for no 
other harbor fattened " Chesapeakes " to any extent), a quarter or so of the whole season's importa- 
tion was regularly bedded down, in April and May, to supply the summer and fall demand. The 
favorite bedding ground then, as now, was "The Beach," a sand spit running oft" into the harbor for 
more than a mile from the Orange (western) shore. This is bare to a great extent at low tide, but 
covered everywhere at high tide, and is the best possible phxce for its purpose. The ground on this 
beach rents at from two to five cents a bushel, according to location. Those occupying the Beach 
each year — in 1879 there were 2-3 in number — form themselves into a mutual protective association, 
and provide watchmen who never leave the ground. Formerly these watchmen lived in boats housed 
in, but now, upon opposite extremities of the Beach, piles have been driven and two houses have been 
built, where these men live, and whence they walk or row about daj' and night to guard the property. 
They go on duty at the time of the first planting, and remain until the last oyster is gathered, a 
period usually about nine months long. Their wages are only $40 a month, and it would seem to be 
an extrcmel}^ tedious duty; yet there is no lack of volunteers for the places. But I have shot ahead of 
my subject, in following out this matter to its present status ; let me return to a past period. 

" The Virginia trade began about forty or fifty years ago. Captain Merritt Farran having been 
the first man to bring them. His cargo was a sloop load of about 600 bushels, profitably sold. The 
trade rapidly grew into immense proportions. Just when it was at its zenith it is hard to saj- — prob- 
ably about thirty years ago — and it was then very profitable. The Fair Haven establishments liad 
branch-houses in all the inland cities, as far as Chicago and St. Louis, and it was rejiorted that tlie 
profits of a single house, from 1852 to 1856, amounted to §25,000 a year. Levi Rowe & Co., in 1856, 
are said to have employed 20 vessels and 100 openers, and to have sold 150,000 gallons of oysters, 
while companion-houses shipped from 1,000 to 1,500 bushels per day throughout the season. In 
1857-'58, according to De Broca, from 200 to 250 schooners were employed in supplying the estab- 
lidaments in Connecticut from the Chesapeake and Fair Haven, which alone, he says, made use of 
2,000,000 bushels, but this undoubtedly .was a large exaggeration; one-half of that would certainly 
more than cover the fiicts. Half a dozen years later, when De Broca wrote, the decline was very per- 
ceptible." 

" De Broca's description of New Haven in 1862. — Some extracts from Lieutenant De Broca's 
report, made in 1862, to the French government, upon the oyster industries of the United States, and 
reprinted in the first report of the United States Fish Commission, will present interesting, if not 
wholly trustworthy, reminiscences of New Haven at that time, where Lieut. De Broca is well remem- 
bered. This writer says : 

" New Haven, the capital of Connecticut, ranks next to Boston in importance in the oyster trade. 
The business is divided into two distinct branches, the culture of oysters and the various occupations 
connected with their transportation to the towns of the interior. 

" The principal plantations are situated in the bay. Commencing at a short distance from the 
head of the great pier, they extend over a distance of about three miles, almost without interruption; 
on the one hand to the southern part of the sandy point, and on the other to Morris creek, always 
leaving free the channels of navigation leading to the harbor. 



40 

"The niiiritiine orouiid on wliicli tliey arc established is piirtially exposed at low tide. In sonic 
cases, however, the phmtations are constantly submerged, and are at a depth varying from 1 to 6 feet, 
when the water is lowest. The soil is formed of sand and mud, mingled with seaweed, and the 
stratum of nuul, upon which the oysters rest, is about three inches thick. 

" The spectacle presented on entering the harbor is most curious. As far as the eye can see, the 
bay is covered with myriads of branches, waving in the wind, or swayed by the force of the currents. 
It looks as if a forest were submerged, the tops of the trees only rising above the surface of the 

water. 

"At certain distances on the plantations, large boats are anchored or moored to posts, having 
a small house built upon them for the accommodation of the men appointed to vvatch the grounds. 
They are four in number. The wages of these guardians of the property amount to about $.30 per 
month and are paid by the association of planters. This system of surveillance is indispensable, 
since most of the plantations are at a distance from the harbor, and might be invaded with impimity, 
especially at night. 

"About five hundred men are employed in planting oysters in the spring, and in gathering them 
in the proper season to supply the necessities of commerce. 

" The New Haven banks have a very high reputation, and the number of bushels planted annually 
is estimated at 250,000. 

" The Chesapeake oysters brought into this locality in 1879 amounted to about 450,000 bushels. 
Those from the Eappahannock are the favorites for winter use, and arc imported almost exclusively, 
for planting purposes; however, Rappahannock oysters are undesirable, and those from Fishing Bay, 
St. Mary'sand Crisfield, are preferred. But this may be wholly changed in a year or two. 

"Freights vary with the vessel and the season, from 10 to 18 cents. It is estimated that 3 cents 
will plaintthe oysters, which makes their cost from 22 to 28 cents a bushel. The selling price will 
average at least 75 cents, and probably more." 

Within the last three years the growth of the oyster farming industi-y in Connecticut has caused 
a very o-reat reduction in the demand for Southern oysters, as the farms of this State are now able to 
supply the local planters, as well as those of Rhode Island and Massachusetts. The Connecticut farms 
have this year furnished "seed" oysters for exportation to Europe and the Pacific Coast, and quantities 
have been sold in New York, also. It is not probable that the total exportation of oysters for planting 
from the waters of Maryland will this year exceed a million bushels, and the demand from New York 
and Rhode Island will probably continue to diminish from year to year, as the supply from the Con- 
necticut farms increases, but even a million bushels is a tenth of our total crop, and there can be no 
doubt that the demand which has overtaxed our beds and led to their destruction, has been materially 
increased by the exportation of oysters for planting, and the question whether this practice should not 
be discouraged is therefore a proper one for discussion. 

At present the chief demand for seed oysters comes from Delaware, and I accordingly quote in 
full Ino-ersoU's statement of the magnitude of the supply used by the planters of this State: 

"Planting Southern Oysters in Delaware Bay. — There remains now to be considered the 
o-reat business of transplanting and maturing Southern oysters in the waters oif this shore. Tliough 
this stock is chiefly owned in Philadelphia and operated by Pennsylvania, yet its consideration belongs 
properly here, since the beds are wholly in Delaware's waters. 

"The statistics I give in respect to this, was furnished me chiefly by Mr. J. C. Cleaver, collector 
of the Chesapeake and Delaware Canal Company at Chesapeake City, Maryland, and refer to the last 
half of 1879 and the lirst month of 1880, completing an 'oyster season.' 

" All the Southern oysters which are brought to Delaware bay or to Pliiladelphia, both for plant- 
inn- and for immediate consumption, come through this canal, which leads from the Chesapeake. 



EXPLANATION OF PLATE II. 

Figure 1. — A group of oysters attached to a piece of wood ; from Coste's Keport on the Oyster and 
Mussel Industries of France and Italy. A, oysters from twelve to fourteen months old ; B, oysters from 
five to six months old ; C, oysters from, three to six months old ; D, oysters from one to two months old ; 
E, oysters from fifteen to twenty days old. 

In our own waters oysters grow much more rapidly, and in the warm sounds of North Carolina an 
oyster may reach the size of those shown at A in less than three months. 

Figure 2. — A Cardium shell covered with young oysters ; natural size ; from Coste's Report. 

(We are Indebted to Spencer F. Balrd, Baperinte»dent U. S. Fish Commlailon, for the use of these figures.) 



REPORT MARYLA.KD OYSTER COMMISSION. 



PLATE II. 




41 

There may possibly bo half a dozen outside trips matk^ (all from C'hincotoague island,) in th« course 
of the year, but this is a small exception. 

"The vessels, as a rule, engaged in this traffic are 'wood-droggers,' schooners of light draught 
and able to carry from 500 to 1,500 bushels. During the planting season tHiej' will average about 
1,300 bushels per load, but when running direct to market, in winter, carry only 900 bushels, the 
difference arising largely from an absence of any deck-load in the latter case. The number of 
schooners thus used varies from year to year; but the number of trips during the season reported 
upon by Mr. Cleaver, was 868. At $100 a trip, charter-pay, these schooners earned that year, there- 
fore, $86,800. Sometimes an even $100 is given to make the trip, and sometimes a rate of about $10 
a day is paid, but it amounts substantially to the same thing. In addition, the charterer pays the 
canal expenses, consisting of entrance toll, towage, and dues of 85 cents a ton on cargo, amountino- in 
all to about $50. The canal thus receives an annual revenue from this source of about $4,-340. 

■" The schooners range in value from $1,000 to $6,000. The owners pay the captain of such a 
'schooner, who must know all the little creeks and oyster-buying nooks along the whole Chesapeake 
coast, and be a capable man at a bargain for his employers, about $50 a month. The men in the 
crews get $25. The provisions supplied by the owners are said to be abundant and of good quality. 

"Among this fleet are about twenty-five "role captains," who own their vessels entirely, hire 
their own crew, get cargoes from the South with their own money, and plant on beds claimed and 
prepared by themselves. Attending to their plantations personally, they bring their cargoes to the 
market in the fall in their own schooners or sloops, and leave them to be sold there on commission. 
Tliey Avere thus both planters and carriers. 

" During the tall and winter months, mt>st, if not all, of the vessels go directly to the Philadelphia 
market, and their cargoes enter into the immediate consumption of the city. Sales are made from the 
hull of the schooner, without unloading into a warehouse. The number of trips made for this direct 
market consumption, makes only about one-fourth of the total recorded as passing through the canal. 
Three-fourths of the oysters bi'ought out of the Chesapeake are intended to be planted, and find their 
destination in the beds along the western shore of the bay. The large dimensions of these receipts 
appear in the succeeding table from the Canal Company's books : 



■Record of Oysters in Shell which Passed Through the Chesapeake Canal in 1S79-80. 



May. 
June. 

July. 



August 

September. 

October 

Novetaber. 
Becember. . 



.Taimary ., 
February. 
March , . . . 
April 



During Months — 



1879. 



From Virginia 
waters. 



31,080 
7,740 



1,080 
3,780 
10,260 
10,800 



287,760 



From Maryland 
waters. 



126,720 
30,900 



4,320 
15,120 
41,040 
43,200 



33,120 

4->,;;6o 

]45,fi00 
1()G,400 

651 840 



Total. 



158,400 
38,700 



5,400 
18,900 
51,300 
54,000 



41,400 
56,700 
182,000 
332,800 

939,600 



176 

43 

None. 

None. 

G 

21 

57 

CO 



46 

63 

140 

256 



From — 



For planting, ^o'" P'^Iadelphia 
^ ° and other markets. 



Mivrylaud waters., 
Virginia waters. . 



488,880 
315,830 



162,960 
71,940 



"The plantiiis? of tins 700,000 and more bushels of Chesapeake seed is not attended with any 
features greatly different from the same industry and investment at Fairhaven or Staten Island. 
When a load of oysters for planting arrives from the South, the owner of the cargo sends on board 
the vessel all the men he has, and the schooner then sails back aud forth, around and over the desig- 
nated ground. The effort in loading is to have as much as possible of the cargo on deck. It is an 
easy matter, then, as the vessel proceeds, to shovel overboard ; and as she is constantly changing her 
position, and the men shovel uninterruptedly until the whole load is overboard, the oysters are pretty 
evenlv distributed. An ordinary crew of five will thus unload 400 bushels in an hour for five or six 
hoiirs in succession. Adding this expense to his first cost aud charges, a planter, who puts down 
large quantities, expects the cost of his various lots of oysters, big and little together, will average 
about 25 cents a bushel. 

" These Chesapeake oysters, it is scarcely necessary to say, are left down until the succeeding fall 
before being taken up for market. They have then grown into larger and fuller proportions, and 
have assumed a far better flavor than they originally possessed. Sometimes accident or circumstances 
will cause a bed, or a portion of it, to be saved through the winter, and not harvested until the second 
fall; but this is rare, very risky and not attended by a large increase of profits. Making a recapitula- 
tion of the Western Shore, produce I derive the succeeding particulars : 

"Statistical Recapitulation for Western Shore of Delaware Bay for 1879:" 

" Extent of natural " oyster rock '". .acres . . 500 

" Extent of cultivated ground, about acres . . 3,000 

" Number of planters, not counted elsewhere 40 

"Number of men employed, about ; 625 

" Earnings and Iward $117,000 

" Number of men partially employed 400 

" Earnings of same $30,000 

" Number of trips made after Southern seed, about 020 

"Freight earned by same $fi2,000 

"Canal charges on same $31,000 

" Southern seed planted bushels . . 704,700 

" Cost of same, about • ■ • $176,175 

" Northern seed planted bushels . . 370,000 

" Cost of same, about $150,000 

" Southern oysters sold annually bushels. . 650,000 

" Value of same $500,000 

"Northern oysters sold annually. bushels.. 300,000 

" Value of saiue $325,000 

Throuo-h the kindness of Mr. T. J. Cleaver, the collector of the Chesapeake and Delaware Canal 
Compauy, I am able to add to the table which I have quoted above from Ingersoll's report the follow- 
in o- letter and table regarding the number of bushels of oysters shipped through the canal in each 
month of 1881, 1882 and 1883: 

"Chesapeake City, Md., December 14th, 1883. 
•'W. K Brooks, Esq.: 

"Dear Sir — Herewith please find the number of bushels of oysters having passed through the Chesa- 
"peake and Delaicare Canal from Jemuary 1st, 1881 to December 15th, 1883. 

"In clearing oyster boats at my office me always make our entries as coming from Chesapeake Bay, as it 
" is a matter of no importance to us whether they come from Maryland or Virginia waters. Indeed, it would 
" be almost impossible to get this information from the captains if we desired it. They are a very suspicions 
" set of men, and if we were to ask this question of them they would think ive were trying to get them in a 
" trap, and therefore give evasive or incorrect answers. 

" Perhaps it would nut be n}ueh out of the way, however, to say one-half from Maryland and one-half 

"from Virginia. 

" Very respectfully, 

"T. J. CLEA VER, 

" CoUcator Ckasapcake and Ddaxoare Canal Co." 



43 



Number of Bushels of Oysters Ilaciiuj Passed Through the Chesapeake and Delaware Canal from Chesapeake 
Bay from January 1st, 1881, to December 15th, 1883. 



, 1881 

Month. 

January 

February 

March 

April 

May 

June 

July 

August 

September 

October 

November 

December 



Bushels. 



None. 

4,450 

46,875 

142,575 

340,375 

12,500 

None. 

None. 

400 

7,400 

13,400 

13,150 



485.885 



January. . 
February. 

March 

April 

.May. 



Month. 



-1883- 



June 

July 

August. . . . 
September. 
October .. . 
November. 
December . . 



Bushels. 



10,500 

30,550 
199,350 
291,500 

95,100 

None. 

None. 

None. 

None. 
4,500 

11,0.50 
7,000 



650,100 



-1883 



January... 
February. 

March 

April 

May , 

June 



July 

August. . . . 
September . 
October... . 
November. 
December. . 



Bushels. 



5,650 

16,712 

42,300 

361,770 

310,200 

3,630 

None. 

None. 

None. 

1,900 

6,550 

3,335 



553,237 



In discussing this subject we must bear in mind the fact tliat northern fishermen or boats are not 
allowed to catch oysters in our waters, and that the industry contributes to our State Treasury, and 
gives employment to our people; for all the oysters which are exported for planting must be purchased 
from our licensed fishermen. 

Any person who lawfully owns oysters, clearly has the right to dispose of them in the best 
market, and nothing can bo done directly to prevent our oystermen from selling to northern planters 
when it is to their interest to do so. 

So far as the exported oysters arc mature and marketable for food, it is obviously to our interest 
to encourage the business, which is perfectly legitimate. 

The only ground upon which the practice can be objected to is that it leads to the sale by our 
people of oysters which would be much more valuable to tlieni if they could be kept in our own waters 
until they reached maturity. 

If the beds were sufficiently prolific to supply this demand for northern seed without injury, the 
exportation of seed should be encouraged, but our beds are overtaxed fiir beyond their productive 
power, and the practice should therefore be discouraged, for the present at least. 

In another part of our report we show that oysters which cost the Delaware planters twenty-five 
cents per bushel, are resold in a few months for eighty cents per bushel, and many of them are bought 
by Maryland packers. The policy of allowing our impoverished beds to enrich the citizens of another 
State is an unwise one, but it is proper to point out the fact that there is no reason why our own 
people should not themselves have this profit of 55 cents a bushel. 

It must be obvious to every one that the true remedy is to encourage planting in our own waters. 
We have vastly more land suitable for the purpose than the State of Delaware, and as our own plant- 
ers are on the ground they would have no canal fees or transportation to pay, and they could, if they 
choose, secure all these oysters for their own use, and gain the profit which now goes elsewhere. The 
development of the Maryland planting industry is, therefore, the true remedy for the evil. But as this 
cannot be eti'ected immediately, and as our beds are not now in a condition to furnish seed for other 
States, your commissioners believe that the exportation of seed should be checked by legislation for at 
least two years. Our legislature lias no power to restrict commerce between States, and we therefore 
call attention to the fact that the table given above shows that most of the oysters for planting are 
exported in April, May and June, and that the closure of our beds during these months would restrict 



44 

exportation, and would for a year or two do no harm to tlie interests of our own people. We there- 
fore recommend that for two years our beds be closed on April Ist. 

Small oysters, suitable for planting, are more abundant in the fall than they are in the spring, and 
our own planters can at that time procure their seed, although we believe that as soon as a planting 
industry grows up in our State the p.ublic beds should be opened in the spring and summer. 

Section III. — A Discussion of the Proposition to Prohibit DREDaiNii and an Examination of 
THE Best Method of Protecting and Regulating the Tongino and Planting Industries. 

The favorite remedy for the difficult}-, at least among those fishermen who are not dredgers, is the 
prohibition of dredging. Evei'y one knows that our beds are deteriorating because they are excessively 
fished, and every one knows, too, that most of this fishing has been done by dredgers. It is therefore 
natural to conclude that since the dredgers have done the damage the prohibition of dredging will cure 
the mischief, but this is by no means true. The great demand for oysters, which has come from the 
growth of the packing industry, has been supplied by dredgers, because the dredge is more efiective 
and economical than the oyster tongs, but if dredges had not been invented the demand would still 
have been supplied by the much more expensive and laborious method of tonging, and the prohibition 
of dredging now would simply cause an increase in the number of tongmen. The beds in deep water 
would escape, but they would then be, like many of the deep water beds of Virginia, of no use to an}' 
one except pirates, and all the beds which could be reached by tongs would be as badly off as ever. 

In order to show that this is the case, and that where no dredges are used the excessive working 
of the beds with tongs soon causes their destruction, we will here note a number of cases where beds 
have been exterminated with tongs alone. 

In 1874 the officers of the United States Coast Survey found a number of fine beds of valuable 
oysters near Portsmouth, J^ew Hampshire. Many fine beds were found in this region by the earlier 
settlers, but they were destroyed so long ago that none of the natives had any knowledge of oyster- 
fishing or any instruments for taking the oysters; but it happened that an old oysterman from the Chesa- 
peake Bay was living near by, and he sent to Pi'ovidence for oyster tongs and began tonging upon the 
newly discovered beds. Ilis examjjle was imitated so effectively that in five years the beds were ex- 
hausted and ceased to be productive. 

In the eai'ly days of the colony of Rhode Island, 03'sters were found there iu great abundance. 

No dredging has been allowed in this State for more than one hundred years, or since October, 
1776, at which date the taking of oysters by drags or otherwise than by tong.s was forbidden under 
a penalty of ten pounds for each ottence, but the Rhode Island beds are now almost completely ex- 
hausted. They yield no marketable oysters, and the only place where seed oysters for planting can 
be procured in any considerable quantity is a space of about five miles above the Seekonk River, and 
the preservation of this bed is due to the fact that the oysters are bright green and are not market- 
able. Rhode Island has a great and profitable planting industry, but the seed oysters which are used 
for planting are purchased outside the State. 

As no dredging has been permitted upon these beds for so long a time the dearth of oysters in 
waters where they formerly abounded is certainly due to persistent raking and tonging. 

Ingersoll tells us that from the earliest times the borders of the Quinepiac River, near New 
Haven, Connecticut, have been the scene of oyster operations. The earliest settlers found on its 
shores great mounds of oyster shells, which showed that the Indians had resorted to its beds, season 
after season, for an unknown period. The first white fisherman found natural beds scattered over the 
bottom of the whole river, as well as in favorable areas along the eastern shore of the harbor. All 
of the beds were easy of access, and the result was that the raking of oysters was soon adopted as a 



45 

business by many persons who lived near the water, and a considerable retail peddling trade was thus 
kept up throughout the neighborhood, in addition to the home supply. Wagon loads of opened 
oysters traveled in winter to the interior towns, even as far as Albany, and thence westward by canal. 

These beds continued to supply fine oysters for all the inhabitants of the surrounding country for 
many years, but they have long been worthless as a supply of food, although they still yield small 
oysters, which are used as "seed" for planting. The beds were exhausted by tongs, and it is inter- 
esting to note that nearly all of the 03'sters were removed in a single day in each year. After the 
beds were closed by law until ^STovember 1st, great crowds assembled on the banks of the river, on the 
last night of October, and at the striking of midnight by the town clock, began an attack which 
cleaned the beds of most of their marketable oysters before the end of the day, and a few hours of 
this fishing resulted in the capture of all marketable oysters. 

Upon the coast of New England, north of Cape Cod, and upon the coast of ITew Brunswick, 
oj'Sters of gigantic size and fine flavor were formerly abundant, but they have been so completely 
exterminated by tongs, that a well-known Boston naturalist, Dr. Gould, doubted whether there ever 
had been any native oysters in this region, notwithstanding the fact that all the early writers spoke of 
their abundance. Many of these beds were destroyed by the Indians, and others by the early settlers, 
while a few have survived down to quite recent times, like those near Portsmouth, of which we have 
just spoken. 

Ingersoll states that in the early days of our history, it was not uncommon for a man to 
rake up a sleigh load of oysters through the ice in a single afternoon at Shediac, New Brunswick. 
Twenty-five or thirty years ago these beds yielded 1,000 barrels a year, and now two persons gain a 
scanty living upon them, and obtain between them about 200 bushels a year. 

Ingersoll gives the following instructive account of the extermination within ihe last few years, of 
another valuable and prolific bed upon the New Brunswick coast, by rakes and tongs alone : 

In 1876 a fisherman says that in two weeks over 4,000 barrels of oysters were taken away from 
the beds at Betlamin, in New Brunswick, by ships and schooners which bought their cargoes from 
the small raking boats upon the beds. At this time the oysters were distributed everywhere over the 
harbor so thickly that every square foot seemed to be occupi#d, and the beds swarmed with small 
boats, each operated by two men. Four years later, in 1880, the oysters were almost exterminated. 

Old men still remember when rich beds were to be found in Hillsborough bay, in New Bruns- 
vnck. The oysters were so abundant that they seemed inexhaustable, and a tonging boat could take 
eight bushels an hour. They have been almost entirely destroyed by tongs alone, and thej' now yield 
only a few bushels a year. 

All along this coast, north of Cape Cod, the most prominent fact in relation to the oysters is their 
former abundance in comparison with their present extinction. Most of the beds were destroyed by 
the Indians or by the early settlers before dredges or any improved means of taking the oysters were 
introduced, and we know that the destruction of the few which have persisted within modern times 
have been destroyed by tongs and rakes alone. 

At Damariscotta bay, on the coast of Maine, there have been no oysters for many years, although 
the great mounds of oyster shells along the shore bear witness that the Indians here found an abun- 
dant supply, and they almost destroyed the beds, although there is reason to believe that the first 
white settlers found that a few oysters still remained. 

The early settlei-s of New England continually refer to the abundance of 03'sters at points where 
not a single oyster can now be found. In 1634, William Wood, in a work on New England, sjjeaks 
of a great oyster bank in the Charles river, near Boston, and another in the Mystic river, each of 
such size as to obstruct navigation. The oysters were the long, slender "coon" oysters, which are 
still to be found in our own waters on undisturbed natural beds. Of their size and form he says : 
7 



46 

" They be great ones in form of a shoe-horne ; some be a foot long. Tliese breed on certain banks that 
are bare every spring-tide. This fish, without shell, is so big that it must admit of a division before you 
can well get it into your mouth." The oyster beds in these two rivers are spoken of by many of the 
early writers, but they are now gone so completely that there is not even a tradition to mark the place 
where in 1634, according to Wood, " the oyster bankes do barre out the bigger ships." 

In 1637 Thomas Morton, writing of the Plymouth Colony, says : " There are great stores of oysters 
in the entrances of all rivers; they are not round as those of England, but excellent, fat and all good. I 
have seen an oyster bank a mile at length." 

Native oysters were abundant at Wellfleet, on Cape Cod, at the time of the first white settlements, 
and for more than a hundred years the town was famous for its oysters, but they became extinct in 1775, 
through excessive tonging, although the pious inhabitants attributed their destruction not to their own 
rapacity, but to a disease sent by Providence upon the oysters, as a punishment for the sins of the fisher- 
men, who certainly were more worthy of such an infliction than the helpless oysters. 

In all of these cases the exhaustion of the beds has been brought about almost or entirely without 
the use of dredges, although in a few cases dredges may have been used to a slight extent. 

The list might be greatly extended were it not for the fact that upon all the more southerly beds 
dredges as well as tongs have been used. 

Enough instances have been given to show that the prohibition of dredging will not save any bed 
which can be reached with tongs, and as the dredge is much more scientific, efiTective and econotnical 
apparatus than the rude tongs which it has superseded, there does not seem to be any reason why its use 
should be prohibited. 

The use of the labor-saving machinery is always opposed by the advocates of the old methods, and 
the destruction of tli£ dredging business would undoubtedly help the tongmen, but as it would not save 
the oysters or benefit the community at large, the rights of the dredgers should receive as much recogni- 
tion as the rights of the tongmen. 

In one way the use of dredges is a positive advantage to the beds. On a natural and unworked bed 
the oysters grow side by side in clusters, so crowded together that none have room for perfect growth, and 
they become very long and slender. Tlj^se long, narrow oysters, which are known as " coon oysters," are of 
little commercial value, although tiiey soon widen and become valuable after they are broken apart. On 
a natural bed the oysters are often overgrown with sponges, as is shown in Plates III and IV, which are 
copied from Lieut. Winslow's " Report on the James River, Va,, and of Tangier and Poco'moke Sounds." 
The dead shells which are found on an unworked bed are usually so covered with sponge, slime and other 
substances that they furnish no clean surface for the attachment of spat, and as dredging tends to turn 
up clean shells, break up and scatter the clusters, and to tear away the sponges and other foreign bodies, 
it is a positive benefit to the beds. 

The following statement by a Virginia oflicial contains a correct account of some of the benefits of 
dredging: 

" In a report upon the ' Oyster Beds of the Chesapeake Bay,' made in 1872 by Mr. O. A. Brown to the 
auditor of public accounts of Virginia, it is said that ' the dredging of oysters is as necessary to their 
development and propagation as plowing is to the growth of corn ; the teeth of the dredge take hold of 
the rank growth of the oyster beds, and, by being dragged through them, loosen them (which is done by 
hand in France in the management of their oyster parks), and give them room to grow and mature prop- 
erly ; moreover, beds are continually increased in size, for when the vessel runs ofl' the rock with the chain- 
bags filled with oysters, the oysters are dragged off" on ground where no oysters existed, and thus the beds 
are extended, and when the vessel is wearing or tacking to get back on the oyster beds the catch just taken 
is being culled off, and the callings thrown overboard to form new cnltch for drifting spat to adhere to. 
Reliable oystermen tell me that since dredging has been carried on in Tangier and Pocomoke the beds 
have more than doubled in size, and with the moderate force that worked upon them prior to the war were 



continually improving. During the war the waters were thrown open to every one who would pay the 
military officials for a permit to oyster ; the consequence was that the oyster beds were scraped bare, and 
it was two years before they could recuperate." 

Many persons who do not advocate the total prohibition of dredging believe that the size of the dredg- 
ing boats and the size and weight of the dredge should be restricted by law. They give two reasons why 
the size of the boat should be restricted, urging that the large boats are able to work upon the beds when 
the police boats cannot venture out, and that their size permits them to use very large dredges, and thus catch 
great quantities of oysters. 

The police boats are unfit for service in rough weather, but that docs not seem to be a sufficient rea- 
son for rendering the dredging boats unseaworthy also, but rather for constructing better police boats. 

It is asserted that the use of large dredges causes much evil, as they ruin the beds by crushing or 
smothering, or by burying in the mud more oysters than they capture ; but the private farmers of Con- 
necticut find it to their advantange to use much heavier dredges, and their farms improve under this treat- 
.ment, although very heavy dredges are hauled by steam over the beds, even in the spawning season. 

After carefully considering the subject your commissioners believe that the prohibition of dredging 
would not be any help to the beds, and that the interest of our whole people demands that our oysters shall 
be taken as cheaply and eflectively as possible, and that the use of labor-saving appliances and improved 
modern methods shall be encouraged. They therefore approve the removal of all artificial restrictions 
upon the manner of taking oysters. 

We recommend that dredging be prohibited upon the public beds in the Potomac River and in Poco- 
moke Sound, but this recommendation is made as a political necessity, as the State of Maryland has no 
power to prevent illegal dredging in these waters, while she has the power to prohibit all dredging. 

We do not believe that this measure is desirable in itself, but it is the only measure which it is in 
our power to adopt. 

If the prosperity of the natural beds were the only thing to be considered, we should, for the reasons 
which we have just given, favor the opening of all our oyster area to the dredgers ; but the welfare of the 
beds is not the only thing. The rigiits of the tongmen and those of the planters also demand considera- 
tion. At present it is well known that there is inadequate protection for our planted oysters, and that 
the law which prohibits dredging in most of our rivers and inlets is of no effect. Almost every day the 
newspapers contain accounts of the piratical incursions of the dredgers upon these reserved grounds, and 
the evil increases from year to year as the large beds in the deep waters become depleted. The chief duty 
of the nine sail-boats of the State fishery force, as at present constituted, is to guard the tonging and 
planting grounds from the depredations of dredgers, and the lack of efficient protection is usually attribu- 
ted to their neglect of duty ; but the well-known fact that Virginia, which maintains no oyster police, 
suffers very much more than Maryland, shows that our navy does aflbrd some protection, and no one 
who is familiar with the subject can wonder that the service is not more efficiently done. 

The boundaries of the area open to dredgers have not been established from any broad and general 
point of view, and the lines beyond which dredging is prohibited are not lines which can be guarded. 
The desirability of facilitating the enforcement of the laws does not appear to have entered into the 
minds of the persons who have established the boundaries. In most cases the law says that there shall 
be no dredging within a specified distance — usually half a mile or a mile of a certain point — and the 
boundary is of course a circle around the point named. The precise location of the point is not stated in 
the law, and there is in many cases an opportunity for a range of a mile in difference of opinion as to the 
exact point designated. There is no provision for marking out this circle by buoys or otherwise, and it 
is in most cases quite iinpossible for the officers of the fishery force, or the judges who may be called upon 
to try persons accused of violating the law, or even the dredgers themselves, to say, with any exactness, 
when dredging first ceases to be legal. The complexity and indefiniteness of the boundary line is in 
itself a strong temptation to the dredgers to trespass beyond it, and while the organization of the oyster 



48 

navy is a pressing necessity, the establishment of a well-defined boundary is a matter of even greater im- 
portance. We have shown again and again in this report that private cultivation of oysters is the true 
solution of most of our difficulties, but no one cares to engage extensively in the planting of oysters 
which may at any time be stolen by dredgers, and no great growth of the planting industry can be hoped 
for until the boundary of the bottoms reserved for tonging and planting, and closed to the dredgers, is 
simplified. 

We accordingly propose that in place of the system of intersecting circles now recognized by law, a 
line as nearly straight as possible,' be established, to run from headland to headland, entirely around the 
bay to separate the lands where dredging is permitted from those where it is prohibited. In the charts 
which acccompany this report, all the bottoms of the shore side of this line, which is minutely described 
further on, are colored blue, while the areas where dredging is permitted are colored yellow. We also 
recommend that buoys and other suitable landmarks be placed at such points upon this line as the Oyster 
Commissioners shall deem it necessary to mark in this way. 

In laying down this line we have kept most prominently before us the necessity for boundaries which 
can be protected, and we have therefore found it necessary to open to dredgers certain beds which have 
been legally closed, although we believe that some of these beds have actually been open to dredgers. 

On the other hand, we have closed certain beds which have hitherto been open, and while the bound- 
ary, which we propose, will undoubtedly be injurious to the interests of the tongmen of certain districts, 
the total area where dredging is prohibited is much increased. 

We also recommend a plan for the reorganization of the Fishery Force, the adoption of which will, 
as we believe, render the rigorous enforcement of the laws possible. 

We also recommend certain changes in the law relating to tongmen. At present the tonging license 
only permits the taking of oysters within the county where the license is granted, but as the public oyster 
beds are the property of the whole State, and not of any particular county, we recommend that such a 
change be made that any holder of a tonging license may take oysters in any waters which are open to the 
public. 

As the State bears the expense of protecting the rights of the tongmen, we recommend that all money 
received for tonging licenses shall be paid into the State Treasury to the credit -of the oyster fund. 

Section IV. — On the Closed Season. 

Among the favorite remedies for the destruction of the oyster beds the shortening of the season is a 
favorite measure, and it has many advocates. This remedy seems, at first sight, to be an efl"ective one, 
but a little thought shows that it is, in reality, of no very great value. 

So long as our present oyster policy is maintained it will be necessary to have a closed season to facili- 
tate the enforcement of other legal measures, but as it is clear to every one that a great number of 
fishermen working upon a bed for a short season will do just as much damage as a lesser number work- 
ing for a longer time, we cannot hope that laws to shorten the season will, in themselves, eflfect any great 
improvement in the condition of the beds. 

IngersoU gives a very vivid description of the method of fishing in early days, upon one of the 
natural beds of Connecticut, and as this bed was finally exterminated by little more than one day's 
fishing in each year, we quote his account in order to show how little protection can be oflered by a closed 
season. 

IngersoU says: "The law was 'oif' on the 1st day of November, and all the natural beds of the 
" State became open to any person who wished to rake them. In anticipation of the date, great prepara- 
" tions were made in the towns along the shore and even for twenty miles back frdm the sea side. Boats 
" and rakes, and baskets and bags were put in order. The day before, large numbers of wagons came 
"toward the shore from the back country, bringing hundreds of men with their utensils. Among these 
" were not unfrequently seen boats, borne in the rigging of a hay cart, ready to be launched on the ex- 



REPORT MARYLAND OYSTER COMMISSION. 



PLATE m. 



*'V i^ . 







^ 7 




CLUSTER OF ONSTERS, SPONGES AND BARNACLES 

Eastened to a Small Stone. 
* Natural Size. 



From Winslow's Report on the Oyster Beds of Tangier and Pocomoke Sounds. 



REPORT MARYLAND OYSTER COMMISSION. 



PLATE IV. 



-> 









M 



^•"V.! 









'>^, 




<1 w "^ 




CT.rsTEH OF OVSTERS ,AXD SPOXGE. 

Fi'tiiii ixTi^\''orked beds , CKesa])('akf Bay. 

XiitLci'ol Size. 



From Winslow's Report on the Oyster Beds of Tangier and Pocomoke Sounds. 



49 

"pected morning. It was a time of great excitement, and nowhere greater tli an along the Quinepiac. 
" On the day preceding, farmers flocked into Fair Haven from all the surrounding country and brought 
" with them boats and canoes, of antique pattern and ruinous aspect. These rustics always met with a 
" riotous welcome from the town-boys, who hated rural competition. They were very likely to find their 
" boats, if not carefully watched, stolen and hidden before they had a chance to launch them, or even 
" temporarily disabled. These things diversified the day and enlivened a community usually very peace- 
" ful, if not dull. As midnight approached, men dressed in oilskin and carrying oars, paddles, rakes and 
" tongs, collected all along the shore, where a crowd of women and children assembled to see the fun. 
" Every sort of craft was prepared for action, and they lined the whole margin of the river and harbor on 
" each side in thick array. As the ' witching hour ' drew near, the men took their seats with much hilarity 
" and nerved their arms for a few moments vigorous work. No eye could see the face of the great church 
"clock on the hill, but lanterns glimmered upon a hundred watch-dials and then were set down, as only 
" a coveted minute remained. There was a hush in the merriment along the shore, an instant's calm, and 
"then the great bell struck a deep-toned peal. It was like an electric shock. Backs bent to oars and 
" paddles churned the water. From opposite banks, waves of boats leaped out and advanced towards one 
" another in the darkness, as though bent on mutual annihilation. ' The race was to the swift and every 
" stroke was the mightiest. Before the twelve blows upon the loud bell had ceased their reverberations, 
" the oyster beds had been reached, tongs were scraping the long-rested bottom, and the season's campaign 
"upon the Quinepiac had begun. In a few hours, the crowd upon some beds would be such that the 
" boats were pressing close together. They were all compelled to move along as one, for none could 
" resist the pressure of the multitude. The more thickly covered beds were quickly cleaned of their bi- 
" valves. The boats were full, the wagons were full, and many had secured what they called their 'win- 
" ter's stock ' before the day was done, and thousands of bushels of oysters were packed away under 
"blankets of sea weed, in scores of cellars. The first day was the great day. By the next day the rus- 
" tic crowd had departed, but the oysters continued to be sought. A week of this sort of attack, how- 
"ever, usually sufliced to clean the bottom so thoroughly that subsequent raking was of small account." 

For a few years the bed was able to resist this attack and recover from it, but it was not long before 
all the mature and full grown oysters were caught, and at the present time the bed does not yield market- 
able oysters, although it still provides seed oysters for planting. 

It is clear from the history of this bed, and of many others which might be referred to, that as 
oysters grow scarce and the demand for them increases, the only efi'ect of a closed season is to assemble 
all the oystermen upon the bed at the end of the season. The oysters which would otherwise have been 
removed slowly are then taken away rapidly, and the plan has no advantages as a means of protection 
unless the closed season is long enough to allow a new generation of young oysters to grow up and 
replenish the beds. 

Although the closure of the beds for a part of each year is of very little value in itself, a closed 
season is a great help in the enforcement of other means of protection, and many of the States which 
own oyster beds have passed laws to prevent the taking of oysters in certain months. 

In Massachusetts any resident may take oysters for family use between September 1st and June Ist, 
but no one can take them without a permit between June 1st and September 1st, although the local 
authorities have the power to grant permits to fish for oysters at any time. 

Some of the public beds of Rhode Island are open to residents between September 15th and May 
15th, while others are open oiily between April 1st and June 15th, but no one can take more than twenty 
bushels in one day. 

Connecticut has no closed season, and her public as well as private beds are fished at all times. The 
beds in the river Thames, however, are closed by a local law between March 1st and September 1st. 

New York has local laws for the closure of the beds of certain regions at specified times, and some 
of the towns have town laws to the same effect, thus the beds of Great South Bay are closed by a State 
,aw from March Ist to September let, and those in Harlem river from June 1st to August 30th, while 



5© 

the town of Brookham has a town law closing the beds, which furnish the well-known " Blue Point " 
oysters, from June 15th to October Ist. 

In certain counties of New Jersey, the closed season is from May 1st to September 1st ; in others 
from July Ist to September 1st, and in still others from May 1st to October 1st. 

The public beds of Delaware are closed from April 30th to September 1st. 

In Virginia the closed season is from May 1st to September 1st, but any resident may catch two 
bushels a day for family use, and any owner of planted oysters may catch them at any time and in any 
quantity for family use. 

In Ireland the season opens on September first in some localities, on October first in others, and on 
November first in others, and it closes on March first, April first or May first. It is unlawful to possess ' 
any oysters during the closed term. The inspectors of fisheries can call a meeting of interested persons 
to decide upon a change in the closed season. 

In the English channel the closed season, as established by the concurrent legislation of England 
and France, is June sixteenth to August thirty-first, and any boat found at this time with a dredge 
aboard is held guilty of a violation of the law. 

In Maryland no dredging is allowed between April 1st and October 15th, and no oysters in the shell 
can be carried outside the State between April 1st and September 1st. There is also a State law in the 
following words: It shall be unlawful for any person or persons to take or catch oysters, except for pri- 
vate use, to the amount of five bushels per day, or for sale of the same to any citizen or citizens of the 
neighborhood, and to them only for the purpose of being consumed when sold, or for the purpose of re- 
planting or bedding in the waters of the counties wherein they are caught, or for sale to the citizens of 
the county wherein they are caught, and to them only for the purpose of replanting or bedding in the 
waters of said counties, between the I5th day of April and the 1st day of September." 

It will be seen that a special act of Legislature is needed to explain and define what the ambiguous 
wording of this section is intended to prohibit or permit ; but Sec. 13, of the act of 1874, for which the 
words above quoted were substituted in 1880, forbids the taking of oysters during the closed season, ex- 
cept for private use, or for the purpose of replanting, or for sale to the citizens of the county next adjoin- 
ing. It is, therefore, probable that the trainers of the present law wished to permit by it, the taking 
between April 15th and September Isc of oysters to be sold to residents of the neighborhood for food, or 
to citizens of the county for planting, and also to permit the taking of five bushels a day for private use. 

It will be seen by examination that almost the only thing which these laws have in common is the 
prohibition of oyster fishing in the summer months, and to this there are exceptions, as some of the 
Ehode Island beds are open only in the summer, while those of Connecticut are open at all times. This 
provision, which is borrowed from the laws for the protection of game, is based upon the fact that this 
time is the spawning season. Game birds soon desert a region where they are disturbed in the breeding 
season, and as they lay few eggs and care for their helpless young, the destruction of an old bird at this 
time may result in the death of the whole brood. The provision of the game law which forbids the cap- 
ture of game during the breeding season is therefore a wise one, but oysters are very difterent from game 
birds. They discharge vast number of eggs into the water, but they take no care of their young, and 
while it is true that the removal of too many mature oysters from a bed destroys its productiveness, the 
time when they are removed is a matter of no consequence, and over fishing in December is in this re- 
spect as bad as over fishing in May. 

One of your commissioners has made a study of the spawning time of our oysters, and has carried 
his observations over several years. He has found spawning oysters in our waters in every month in the 
year except December, January and February, and he has had no opportunity to visit the beds during 
these three months. 

By far the greater number of these oysters, however, are found to spawn between May 20th and 
July 1st, and although the temperature of our spring months causes considerable variation, this period 



51 

may properly be called tlie spawning season. At any time before May 20tb, tbe disturbance of the beds 
can do little harm, and the experience of the Connecticut oyster farmers show that the thorough raking 
of the beds just before tlie spawning season is a positive benefit. Tlie young oysters cannot attach them- 
selves to dirty and slimy shells, and if all the sponges, hydroids and sea weeds could be dragged from our 
beds in April and May, and if the old decayed and slimy shells could be plowed under and covered with 
the cleaner shells from below the surface by dredging just before the spawning season, the fertility of the 
beds vould be greatly increased, and there is, therefore, nothing in the nature of the oyster to demand 
the closure of the beds in April and May. 

Your comtnissioners believe that no increase in the value of our beds can be hoped for until it is 
brought about by private cultivation, and that the State should use every possible means to foster and 
encourage the oyster planting and oyster farming industries. We show elsewhere that the States where 
the oyster industry is most prosperous have found it necessary and to their advantage to use the ijatural 
beds chiefly as a supply of seed for planting, and we believe that whenever the people of our State are 
prepared to use our great natural advantages for oyster culture it will be wise to throw open the natural 
beds in the summer time, but at present such a measure would simply result in the depletion of the beds, 
without any compensating advantage. 

Soon after the young oysters are born they fasten themselves to stones, gravel, empty shells, living 
oysters and other clean, hard substances. They are at first so small that they are in no danger of injury 
by dredgers, and there is, therefore, no I'eason why the taking of marketable oysters should not be con- 
tinued all summer if the large oysters could be taken away without the young ones, but these are at first 
so small that they are invisible, and for several months they are too small to be removed from the shells 
of larger oysters. As it is very difficult to enforce culling laws, the opening of the public beds immedi- 
ately after the spawning season would cause millions of the small oysters to be carried away on the 
shells, and even if the culling laws could be enforced, many of the small oysters would be carried away 
on the large ones. 

This would do no harm, and it would, in fact, be a great advantage, if the small oysters were 
used as seed for planting ; but at present most of them are destroyed. 

We therefore believe that, for the present at least, the public beds should be closed for as lung a time 
as possible in the fall, in order to give the young oysters time to grow large enough to render it possible 
to detach them from the larger ones and from the shells. In another part of our report we recommend 
that each public bed be examined annually in order to determine how many oysters it can yield without 
injury. This examination should be made in August or September in order to learn how many young 
oysters have settled upon the bed, and as the analysis and publication of the results of this examination 
would require at least two months, the opening of tiie public beds should be postponed as long as 
possible. ^ ' 

If the welfare of the beds were the only thing to be considered, your commissioners would recom- 
mend the closure of the public beds from June 1st to December 1st for the next two years, but we believe 
that in determining the length of the closed season the interest of the oyster business should also be 
consulted. 

After the closure of the packing houses in the early spring, most of the oysters which are taken are 
sold outside the State at a very low price to planters, who, in many cases at least, resell to Maryland 
packers in September and October at a great advance. 

If our own people would themselves engage extensively in the planting business, or if our beds were 
not already overtaxed, it would be wise to encourage the taking of seed to be sold to northern planters, 
as this is one of the legitimate sources of the demand for our oysters. 

It is obvious, however, that until something is done to increase our supply, the condition of our beds 
demands that the taking of oysters be in some way restricted. The supply cannot be increased imme- 
diately, and as the closure of the public beds jn the spring would injure our own people less than it would 



62 

at anj other time, and as it would restrict the exportation of seed oysters, which cannot now be spared, we 
believe that for the next two years the closed season should begin on April 1st. 

As soon as onr people engage extensively in oyster planting, and need these months to gather their 
seed oysters, and as soon as our beds are sufficiently prolific to supply northern planters, we believe that 
the beds should be thrown open until June 1st, or even longer. 

As regards the time of opening the season, the oyster packers affirm that the early fall is the time 
when their business is most profitable, and that the closure of our beds at this time compels them to buy 
at a higher price the oysters which have been taken North from our beds and planted in other States. 
They therefore advocate the opening of the public beds on September Ist. We believe that the continu- 
ance of the closed season until December 1st would be a benefit, as it would allow the young oysters to 
grow large enough to be removed from the marketable oysters, and thrown back onto the beds, but as we 
feel that the claims of the oyster business deserve consideration, we recommend that the time be shortened 
and that the closed season be only until October 15th. 

The experience of Connecticut, where both public and private beds are open throughout the whole 
year, and are rapidly increasing in number, show that a closed season is not necessary for the preservation 
of the beds, and we recommend the closing of our beds between April 1st and October 15th, chiefly to 
facilitate the enforcement of the oyster laws, and to give to the officers of the oyster navy time to exam- 
ine the condition of the beds, to make surveys, and to perform other duties which are described in detail 
further on. 

As the closed season is a matter of policy and is not due to the nature of the oyster, we believe that 
it should be made absolute, and that all laws which permit any one to take any oysters from the public 
beds should be repealed. 

We show, in another part of our report, that it is possible to stock oyster farms and planting grounds 
without drawing upon the public beds, and there is no reason why those oyster planters, who wish to get 
their seed from the public beds, should not do so after the oyster season is opened. It is true that they 
would then have to compete with the prices paid by the packers, but as our present oyster policy is 
opposed to any private interest in the beds, there is no good reason why a planter should have oysters 
from the public beds any more cheaply than any one else. 

The law which allows any person to catch oysters from the public beds, at any time, for family use 
or for sale in the neighborhood, is a wide loop-hole for infringement of the law, and so long as our present 
oyster policy is adhered to, we believe that the public beds should be absolutely closed during the closed 
season; the more especially as the changes which we recommend in the five-acre law will put it within 
the power of any resident to supply his own wants and those of his neighbors from his private grounds. 

We therefore recommend that, for the next two years, the taking of oysters from the public beds be 
prohibited from April 1st to October loth, and that all laws or parts of laws inconsistent with this recom- 
mendation be repealed. 

Section V. — On the State Fishekt Fokoe. 

The State Fishery Force is an important factor in the oyster problem, and most of the oystermen 
unite in laying much of the responsibility for the destruction of our oysters upon this convenient 
scapegoat. 

Your commissioners believe that the resolution under which we were appointed requires us to 
report upon this subject, and we have accordingly given much of our time to an examination of the 
Fishery Force. 

We find that little or no attention has been paid by the framers of our laws to facility in enforcing 
them, and we believe that, as these laws are at present, thorough enforcement is impossible. 

We also find that the area which our navy is required to guard is much too large to admit of efficient 



53 

protection by our present fleet, and the superior seaworthiness of the fishing vessels enables them to work 
when our navy cannot pursue them. 

We also learn that the navy is not required to be upon duty at night, or at least that the oflBcers 
thus construe the law, which requires them to keep their vessels on duty " when circumstances will 
permit." 

The organization and pay and dutTes of the force are of such a character that the State cannot com- 
mand the service of the best men. 

No navy can be efficient if the appointment and promotion of its officers depends upon anything but 
fitness for their duties, and the most conspicuous faults of the Fishery Force are directly due to the 
American method of appointing and promoting the servants of the government. 

For these reasons we refrain from expressing any opinion upon the competency and diligence of the 
officers of our force, although one of our number, a gentleman who is qualified by long service in the 
United States Navy to handle the subject with skill and ability, has prepared a special report, in which 
he points out the proper course to be taken in the reorganization of the Fishery Force. This report is 
printed further on, and its recommendations are embodied in a bill which is submitted herewith. 

At various points in our report we recommend that new duties, such as the surveying and mapping 
of our natural beds, annual examination of the condition of the beds, the placing of buoys and land- 
marks, and the location of private oyster grounds be required of the force. 

If these recommendations are adopted it will be absolutely necessary to reorganize the force in the 
manner recommended in the chapter on that subject, as our boats are unfit for the work, and as the officers 
have not the necessary qualifications, since no such duties were required when they were appointed. 

We find that among the obstacles to the enforcement of the laws two require immediate attention. 

These relate, first, to the laws for the protection of the Potomac river and Pocomoke Sound ; and, 
secondly, to the local laws to regulate fishing in Tangier Sound and its tributaries. 

Section VI. — The Laws fok the Protection of the Oyster Beds of the Potomac River and 

Pocomoke Sound. 

The oyster laws of Maryland and Virginia have no features in common, a» Virginia permits no 
dredging in her waters, and draws her revenue from a complicated system of taxation upon oysters, while 
Maryland authorizes dredging, and derives her revenue from fees for licenses to take oysters. 

Great confusion, therefore, results in all waters which lie near the boundary, and this confusion is 
greatly increased by a compact between the States, known as the compact of 1785, which provides that 
citizens of each State shall have in common the right to fish for oysters in the Potomac river, and that 
neither State shall, in these waters, enforce any law which has not been approved by the other State. 

The magnitude of the interests at stake, and the cotnplexity of the subject, renders the protection 
of these fisheries one of the most difficult problems connected with the oyster interest, and your commis- 
sioners hesitate to discuss a theme which has already occupied the best statesmen of both States, but as 
neither State has approved the oyster laws of the other, the oyster beds upon our boundaries are at present 
absolutely without protection, and any one who is arrested anywhere in Maryland, with oysters or appa- 
ratus for taking oysters in his possession in violation of law, can escape punishment by swearing that he 
has been oystering in the Potomac. 

Within the last two or tliree years an effort has been made to secure the joint action of the two 
States, but nothing has yet been accomplished. 

In 1877 J. S. Black and Charles J. Jenkins were appointed arbitrators by the States of Maryland 
and Virginia to establish and fix the true boundary line between the States, and the line which they 
established ie laid dowa in rod on chart No, 4 Qf this report | the line according to the compact «f 1785. 
8 



54 

being laid down in yellow, and the original line according to the charter of Lord Baltimore, in 1632, 
in blue. 

In 1882 the General Assembly of Maryland passed the following joint resolution, appointing a com- 
mittee to confer with a similar committee to be appointed by the General Assembly of Virginia, upon 
concurrent legislation between the two States for the better protection of oysters in the Potomac Eiver 
and Pocomoke Sound. 

Joint Resolution No. 17. 

Whereas the General Assembly of the State of Maryland, at the January session, in the year 
eighteen hundred and eighty, chapter thirty-six, passed an act concerning the taking and catching of 
oysters in the Potomac River; and chapter four hundred and forty-tive of the acts passed at January ses- 
sion, eighteen hundred and eighty, entitled "An act to protect oysters in the waters of Pocomoke Sound, 
in Somerset county ;" and whereas the act requires the assent of the General Assembly of the State of 
Virginia, under the compact between the States of Maryland and Virginia, in the year seventeen hundred 
and eighty-five, that the same may become effective ; therefore 

Resolved hy the General Assembly of Maryland, That five members of this General Assembly, two 
on the part of the Senate and three on the part of the House, be appointed by the presiding officer of 
each body respectively, who shall, as soon as practical, confer with the General Assembly of Virginia, 
touching the matter enacted in said act of eighteen hundred and eighty, and request their assent thereto 
at their present session, if the said committee shall deem the said laws hereinbefore referred to, to be the 
best for the oyster interest in this State, and to confer with the said Legislature upon any other law whieh 
they may deem it necessary to pass for the protection of oysters in the waters already mentioned, and 
report the result of the conference to this General Assembly. 

Resolved, second. That if the said act shall be assented to by the State of Virginia, and a similar 
act be passed by their General Assembly, that the Governor of each State, respectively, be requested to 
secure the necessary legislation by the Congress of the United States, as required by the Constitution of 
the United States, to make the said act valid and effective. 

The acts referred to in this resolution are as follows : 

" Chapter 36." 

" AN ACT to regulate thp catching of oysters in the waters of the Potomac River.'' 
"Section 1. Be it enacted hy the General Assembly of Maryland, That no boat or vessel propelled 
by steam shall be used in catching oysters in the waters of the Potomac River, and no other boat shall 
be used in catching oysters with scoop, dredge, drag or similar implement, in the waters of said river, 
without first having been licensed as hereinafter provided." 

" Sec. 2. And be it enacted. That the Comptroller of the Treasury shall, upon application of any 
person who has been a resident-citizen of this State for twelve months next preceding such application, 
and who is the bona fide owner of the boat or vessel sought to be licensed, and to no other person, issue 
a license to use such boat or vessel in catching oysters with scoop, dredge, drag or similar implement 
within such of the waters of the Potomac River as are not prohibited by the provisions of this act, which 
license shall hold good for one year, but shall only authorize the catching of oysters between the fifteenth 
day of October and the first day of April ; but it shall be lawful for the licensed owner of any such boat, 
whenever such owner shall sell and convey by bill of sale for a bona fide consideration said boat to any 
person who has been a resident of this State for the twelve consecutive months next preceding such sale, 
to transfer the said license to said vendee with said boat, which license, when so transferred, shall entitle 
said vendee with said boat to the same privileges for catching oysters in the waters of the Potomac River 
that the vendor had before such sale, provided that said vendee shall appear before the Comptroller of the 
Treasury and make oath before him to all the facts, matters, things and prerequisites required of said 



55 

original vendor before taking out such license, upon which said license said Comptroller shall certify the 
fact of said vendee having taken said oath, and for which the said vendee shall pay the sum of five 
dollars, to be paid to the State of Maryland." 

" Sec. 3. A/id he it enacted. That the owner of such boat shall make oath before the Comptroller or 
his clerk that he is the bona fide owner of such boat to be described in the license; that he has been a 
resident citizen of the State for the time beforementioned ; that there is no lien on said boat held by a 
non-resident, and that said boat shall not be used in violating the provisions of this act ; such applicant 
shall exhibit to the Comptroller at the time of such application the Custom-House enrollment or license 
of such boat, and if such boat is under Custom-House tonnage shall swear to her tonnage." 

" Sec. *. And he it enacted, That before granting such license the Comptroller shall receive for it 
from such applicant the sum of three dollars per ton for every ton the boat may measure; said license 
shall be exhibited whenever called for by any ofiicer of the State Fishery Force or any person having a 
right under the provisions of this act to make arrests and seizures for violating any of its provisions." 

" Sec. .5. And he it enacted, That no person or boat licensed under the provisions of this act shall 
take or catch, or be used in taking or catching oysters with scoop, dredge, drag or similar implement, in 
any waters of the Potomac river of less than twelve feet in depth, nor in any of the waters of said river 
between the Maryland shore and straight lines, as follows : From the most eastern point of the headland 
known as Posey's Bluff to a buoy near the southern or southeastern point or prong of Herron Island bar, 
thence to Blackistone's Island Light-House, thence to a point near the end of Cobb's Point Bar." 

" Sec. 6. And he it enact*d. That if any person or persons having been licensed under this act to 
catch oysters with scoop, dredge, drag or similar implement, in the waters of the Potomac river, shall 
violate the provisions of the preceding sections, such person or persons shall be liable to arrest, and the 
boats, vessels and equipments used shall be seized, and upon proof of such violation before a justice of 
the peace or a judge of the circuit court for the county nearest the place of such violation, on arrest and 
seizure, shall be fined not less than fifty dollars nor more than three hundred dollars ; and said fine and 
all costs of prosecution shall be a lien on boats, vessels and equipments, which, if said fine and costs of 
prosecution be not paid within ten days after judgment, or appeal be not taken as hereinafter provided, 
shall be sold at public sale to the highest bidder for cash, under such orders and notice as the judge or 
justice aforesaid may prescribe. If said arrest and seizure be made by any ofiicer of the State Fishery 
force, said fine shall be paid into the treasury of the State ; but if made by any other person or persons 
having the right to arrest and seize, one-half of said fine shall be paid to the clerk of the circuit court of 
the county in which the case has been tried, to be paid by said clerk to the Comptroller of the State, and 
the other half shall be equally divided between the parties who made or assisted in making the arrest 
and seizure." 

" Sec. 7. And he it enacted. That any boat, vessels and equipments, owned wholly or in part by any 
non-resident, used in catching oysters in the waters of the Potomac river with scoop, dredge, drag or 
similar implement, upon seizure and proof, shall be condemned by any judge of the circuit court or jus- 
tice of the peace of the county nearest the place of her capture, and shall be sold by the sheriff of the 
county where condemned to the highest bidder for cash, after ten days' notice of the time and place of 
sale. One-half of the proceeds of sale, less half the costs of prosecution and sale, shall be paid to the 
parties who made the capture, except when the capture was made by the State Fishery Force, and the 
balance shall be paid into the treasury of the State." 

" Sec. 8. And he it enacted. That the Comptroller of the Treasury shall have painted, in black 
figures on white canvas, two sets of numbers corresponding to the license to catch oysters with scoop, 
dredge, drag or similar implement. Each figure shall be twenty-two inches long and of proportionate 
width, and the figures shall be at least six inches apart ; and he shall give to each person taking out such 
license two numbers thereof, one of which shall be firmly sewed upon the starboard side and in the mid- 
dle of that side of the mainsail which is above the close reef, and the other number on the port side and 



In the middle part of the jib which is above the bonnet and reef. These numbers shall be placed in an 
upright position, and be worn at all times during the dredging season, and shall not be concealed or 
defaced; and no other number shall be exposed to view or be used than that which is furnished by the 
Comptroller. Any captain or other person in charge who shall violate the provisions of this section sliall. 
Upon proof of sucli violation before a judge of the circuit court or justice of the peace of the county 
nearest which such violation occurred, be subject to a line of not less than fifty dollars nor more than one 
hundfed dollars, and such fine and the costs of prosecution shall be a lien upon such boat or vessel on 
wtich were violated the provisions of this section, and unless said fine and costs be paid within ten days, 
or appeal be taken, such boat or vessel shall be sold at public sale to the highest bidder for cash, under 
such orders and notice as the judge or justice of the peace may prescribe; one-half of the fine to be paid 
to parties making the arrest and capture, unless the arrest and capture be made by the State Fishery 
Force, and the balance to the treasury of the State." 

" Sec. 9. And he it enacted, That any person who has been a resident-citizen for the twelve months 
next preceding his application of a county bordering on the Potomac river, desiring to use any canoe or 
other boat in catching oysters for sale with rakes or tongs in any of the waters of the Potomac river, 
shall first obtain, by application to the clerk of the circuit court for the county wherein he resides, a 
license therefor, and such license shall have effect from the first day of June in the year in which it may 
have been issued to the first day of June next succeeding ; provided that such license shall not authorize 
the use of said canoe or boat in taking or catching oysters in any creek, cove, inlet, bay or sound M'ithin 
the limits of any county other than that wherein the license shall have been issued." 

" Sec. 10. And he it enacted, That each and every license to cateh oysters, for sale, with tongs or 
rakes, in the waters of the Potomac river, shall state the name and residence of the person to whom the 
same is granted, the number and length of the canoe or boat by top or over-all measurement, the county 
in which the same is to be used, and the period at which said license will expire. Said license shall also 
state that the holder thereof is, by virtue of said license, authorized and required to make, or assist in 
making, arrests of any persons, and seize any boats, vessels and equipments, engaged in violating the pro- 
visions of this act. For such license the applicant shall pay to the clerk of the circuit court issuing the 
same as follows : For a boat or canoe measuring in length twenty feet or less the sum of two dollars ; 
for a boat or canoe twenty to twenty-five feet in length the sum of three dollars; for a boat or canoe 
twenty-five to thirty feet in length the sum of four dollars ; for a boat or canoe over thirty feet in length the 
sum of five dollars; and for sloops under Custom-House measurement the sum of six dollars. And all 
oysters taken shall be culled upon the natural beds where they are taken. The amount received from 
tonging licenses shall be paid by the clerk to the school commissioners for the public schools of the 
respective counties where such licenses are issned, provided that the sum received from white tongers 
shall be applied to the white school fund, and the sum from the colored tongers to the colored school fund. 
No license to tongers under the provisions of this act shall authorize the catching of oysters for sale 
during the months of April, May, June, July and August. And any person or persons violating the 
provisions of this section shall be subject to like penalties as are prescribed by the preceding sections of 
this act." 

■Sec. 11. And he it enacted. That everj' applicant for license under this act to use any canoe or other 
boat in catching oysters for sale with rakes or tongs shall be required to make oath or affirmation before 
the clerk authorized to issue the same, or some justice of the peace of the county, on whose certificate of 
the taking such oath or afiirmatiou the clerk shall issue such license ; said oath or affirmation shall assert 
that he has been a resident-citizen of the county for the twelve months next preceding his application ; 
the'length of the boat or canoe to be used ; that he is the bona fide owner of said boat or canoe ; that he 
will not violate the provisions of this act ; that he will arrest aad seize or assist in arresting or seizing all 
persons and boats, vessels and equipments engaged in violating the provisions of this act, so far as it may 
be in his power to do so, and that he will not employ or permit any person to use his boat or uanoe so 



57 

licensed, or hire on shares, who has not been a bona fide resident-citizen of the county for the twelvemonths 
next preceding such employment or permission to use, and that he will inform against and prosecute all per- 
sons who violate this or any other provision of this act. The penalty for violating any of the provisions 
of this section shall be not less than ten dollars nor more than fifty dollars, to be recovered before a justice 
of the peace of the county, and said fine and costs of prosecution shall be a lien upon the boat and equip- 
ment of the oflending party, which, unless paid within ten days after judgment, shall be sold under order 
and notice prescribed by the justice of the peace for the payment of such fine and costs, one-half of such 
fine to be paid to the county school commissioners and the other half to the informer." 

" Sec. 12. And he it enacted, That every licensed tonger, under the provisions of this act, shall paint 
the number of his boat or canoe on the outside thereof, near the gunwale, on each side of the bow, in 
black figures of not less than four inches in length, and of proportionate width, in a white ground, and 
no number other than that in the license shall be exposed to view on said canoe or boat; and any person 
failing to comply with this provision, before using said boat or canoe for the purpose aforesaid, shall 
be subject to a fine of not less than five dollars, and not more than ten dollars, to be recovered and paid 
over as provided in section eleven of this act." 

" Sec. 13. And he it enacted, That if any person shall use any boat or canoe not licensed, as pro- 
vided by this act, in catching oysters with rakes or tongs, for sale, he shall be subject to a fine of not 
less than ten dollars and not more than fifty dollars, to be a lien on the boat or canoe of the offender, to 
be recovered and paid over as provided in section eleven of this act; and if said fine be not paid, he sliall 
be imprisoned in the county jail for not less than two nor more than six months." 

" Sec. 14. And he it enacted. That the Comptroller shall cause to be printed and delivered to the 
clerks of the circuit courts of the counties bordering on the Potomac River, the requisite number of such 
blank licenses as are rec^uired by the provisions of this act, and said clerks shall, on the first Mondays of 
March and December in each year, return to the Comptroller a list and account of such licenses issued 
by them ; and no license to catch oysters with rakes or tongs shall be issued to any boat or vessel which 
is licensed to take oysters with scoop, dredge, tong or any similar instrument." 

" Sec. 15. And he it enacted, That it shall be unlawful for any persou to catch oysters on Sunday or 
at night with scoop, dredge, drag or similar implement, or by tongs ; any person violating this section 
shall be fined a sum of not less than fifty dollars nor more than one hundred dollars, the fine and costs of 
prosecution to be a lien on the boat, vessel and equipments used in violating the provisions of this section, 
and the case shall be tried and disposed of, and the fine and costs collected and paid over as provided in 
section six of this act." 

" Seo. 16. And he it enacted. That it shall be the duty of the oflficers of the State Fishery force, the 
sherifl's, constables and licensed tongmen of the coiiuties bordering on the Potomac River, to arrest any 
person found violating the provisions of this act, and to seize all boats, vessels and equipments engaged 
or used in such violation, and to bring the off'enders before a judge of the circuit court or justice of the 
peace most convenient or accessible, to be dealt with as by this act provided, and to hold such boats, 
vessels and equipments to be disposed of to secure the payment of such fines and costs of prosecution 
adjudged as hereinbefore provided by preceding sections of this act." 

"Sec. 17. And he it enacted. That upon informatiofi given on oath to any judge or justice of the 
peace of any violation of any of the provisions of this act, he shall issue his warrant for the arrest of the 
offender and the seizure of the boat, vessel and equipments, which warrant shall be directed to the sheriff, 
constable or any licensed tongman of the county wherein such warrant is issued, or to any ofllcer of the 
State Fishery Force, and said persons, M'hen arrested, shall be carried before said judge or justice of the 
peace, aiid the boat, vessel and equipments shall be held to be dealt with according to the provisions of 
preceding sections of this act." 

" Sec. 18. A7id he it enacted. That if any person or persons shall resist any officer authorized by thii 
act to make arrests of persons and seizure of boati, vessels and equipments, he or they shall be deem«d 



58 

guilty of a misdemeanor, and upon indictment and conviction in any court having criminal jurisdiction, 
shall be fined not less than one hundred dollars nor more than five hundred dollar*, or be imprisoned in 
the House of Correction for not less than three months nor more than one year, or both tine and impris- 
onment in the discretion of the court ; and the fine and costs of prosecution shall be a lien on any boats, 
vessel and equipments that may have been seized when such offenders were arrested, and such boats, 
vessel and equipment shall be disposed of to secure the payment of such costs and fine as tlie judge of the 
court may direct, according to the provisions of preceding sections in this act." 

" Sec. 19. And he it enacted, That for all oysters bought and sold on the Potomac river the following 
shall be the standard bushel measure, viz: A solid iron tube, measuring sixteen and one-half inches 
across the bottom from inside to inside, eighteen inches across the top from inside to inside, and twenty- 
one inches from the inside bottom, diagonally, to the inside top. This measure, even full, shall be a 
bushel ; and any person using a larger measure shall be subject to a fine of ten dollars for each and every 
offence against the provisions of this section, to be recovered by proceedings before a justice of the peace, 
one-half to be paid to the informer and the other half to the Comptroller of the State." 

" Sec. 20. And he it enacted. That any person or persons feeling aggrieved by tlie judgment of any 
justice of the peace in any trial for a violation of any provision of this act may appeal to the circuit court 
for the county in which such case may have been tried ; provided he or they give notice of such appeal 
within ten days after judgment, and shall within ten days after judgment pay the costs that have accrued, 
and deliver to said justice of the peace an appeal bond with two or more sureties, to be approved by said 
justice of the peace, executed to the State of Maryland, in the penalty of double the amount of fine or 
penalty adjudged by said justice of the peace, said bond to be conditioned for the successful prosecution 
of said appeal." 

"Sec. 21. Andhe it enacted, That all money paid into the treasury of the State under the provi- 
sions of this act shall be placed to the credit of the " oyster fund." 

" Sec. 22. And he it enacted. That the provisions of this act shall not apply to the citizens of the 
State of Virginia." 

" Sec. 23. And he it enacted, That this act shall take eflect upon the approval of this act, and the 
passage of a similar act by the State of Virginia." 

"Approved March 15, 1880." 

" Chapter 445." 

" AN ACT to protect oysters in the waters of Pocomoke Sound, in Somerset county." 

"Section 1. Be it enacted hy the General Assemhly of Maryland, That it shall not be lawful for 
any person or persons to employ any canoe, boat or vessel in catching or taking oysters with scoop, scrape, 
drag or dredge, or any similar instrument, within the waters of Pocomoke Sound, in Somerset county ; 
nor shall any person or persons take or catch oysters for sale within said waters otherwise than with 
tongs, as restricted and regulated by the provisions of the General Oyster Law in force in this State." 

" Sec. 2. And he it enacted. That any person or persons violating the provisions of this act shall be 
fined in a sum not less than seventy-five dollars nor more than one hundred and fifty dollars for each and 
every ofience, and shall stand committed to tl'e county jail until such fine and the costs of suit are paid." 
" Sec. 3. And he it enacted, That on information made nnder oath of any violation of the provisions 
of this act to any justice of the peace of Somerset county, he shall forthwith issue his warrant to the 
sherifl' or any constable of said county, requiring said officer to proceed forthwith to arrest the party or 
parties alleged to have been engaged in the violation of this act, and bring him or them before said justice 
at once for trial, and upon conviction shall be fined as required by section two of this act." 

" Sec. 4. Aiid be it enacted, That the said justice of the peace shall either give the case an immedi- 
ate hearing, or at the instance of the party or parties charged, shall appoint some early day, within the 
next five days thereafter, to hear the cas§, the party or parties charged giving such good and sufficient bail 



69 

as said justice shall require for his or tlieir appearance; and any party or parties feeling; himself or them- 
selves aggrieved b}' any conviction or judgment of said justice, shall have the right to appeal to the Cir- 
cuit Court for Somerset county, which shall hear and determine the same as other cases on appeal." 

" Sec. 5. And be it enacted, That this act shall take effect upon the consent and ratification of the 
provisions of this act by the Legislature of the State of Virginia, as required by the compact between 
the States of Virginia and Maryland, in the year seventeen hundred and eighty-one." 

"Approved April 10, 1880." 

In accordance with the resolution, which is given on page f4, the General Assembly of Maryland ap- 
pointed John T. Bond, F. M. Lancaster and John H. Cooper, on the part of the Senate, and John H. 
Handy, Sydney E. Mudd and I. T. Costin, on the part of the House of Delegates, to confer with the fol- 
lowing committee appointed under a similar resolution by the General Assembly of Virginia : William 
Mayo and H. A. Atkinson, Jr., on the part of the Senate, and E. S. Phillips, Charles "E. Stuart and N. 
H. Champlin, on the part of the House of Delegates. 

The two committees met in Richmond, on February 14, 1882, and agreed upon the following report : 

First. That the following headlands on the Potomac River should be the points between which 
straight lines should be drawn as and for the true boundary lines between the States of Virginia and 
Maryland, under the award of J. S. Black and Charles J. Jenkins, arbitrators appointed by the said States, 
to fix the said boundary lines, to wit : Commencing at Smith's Point, drawing thence a straight line to 
Cupit's Island, thence westerly to Judith's Point (a point on Judith's Sound), thence westerly to Sandy 
Point, thence to Ragged Point, thence to Church's Point, thence to White Point, thence to the Upper 
Machodoc Point, and from Upper Machodoc to Persimmon Point, thence to Mathias Point, thence to Ma- 
tomkin Point, thence to the land on the south shore abreast of Maryland Point, to a point on the Potomac 
creek opposite Marlboro' Point, thence to Brent's Point, thence to Clifton Point, thence to Cockpit Point, 
thence to Freestone Point, thence to High Point, thence to Hallowing Point, thence to Whitestone Point, 
thence to Perry Point, thence to Sheridan Point, thence along the south shore to Alexandria, thence to 
Hunter's Point, thence to Gravelly Point, following the south shore and the meanderings of the river to 
the line of West Virginia and Virginia. 

Second. That oyster dredging should be prohibited in the Potomac River west from a line drawn 
from Point Lookout, in Maryland, to the headland of Smith's Point, in Virginia. 

Third. That oyster dredging should be prohibited in Pocomoke Sound. 

Fourth. That common rights of fishing and oystering shall be enjoyed by the citizens of both States 
in that part of Pocomoke Sound north and east of a straight lino, commencing at Watkins' Point, and 
running thence in a southeasterly direction to buoy R, number four, as it is now located upon coast chart 
number thirty-three, of the United States Coast Survey (sheet number three, Chesapeake Bay, and chart 
No. 4 of this Report of the Maryland Oystef Commission), filed as a part of said award of said Black 
and Jenkins, making ofi' from a shoal from Mesongo creek; thence with a straight line to the northern 
boundary of said creek. No rights in any creek or inlet granted hereby by either State, and the riparian 
rights upon the shores of said sound to be respectively protected in same manner as is provided for in the 
Potomac Hiver by the compact of seventeen hundred and eighty-five. This line to be no longer binding 
if dredging is authorized by either State. 

Fifth. That there shall be concurrent jurisdiction between the States of Maryland and ^'irginia, by 
which the violators of the oyster laws may be punished in either State. That a concurrent law be passed 
restricting the taking of oysters for any lawful purpose in the Potomac River and that of Pocomoke 
Sound covered by the concurrent act, from the first of October to the first of May ; and that they be 
taken for planting or bedding, and may be planted or bedded in the waters of either State up to and 
including May fifteei>th, and during all of September; and strictly prohibiting their being taken for sale 
or planting from May fifteenth to September first ; provided, however, they may be taken to be eaten 
within the county where taken at any time. 



60 

The said committees have recommended that the following act be passed to ratif}' and carry out the 
said agreement, entered into by them with each other, subject to the action of their respective Legisla- 
tures, as is witnessed by their signatures subscribed as follows; 

WILLIAM MAYO, 

H. A. ATKINSON, Jr., 

On part of Senate of Virginia. 

E. S. PHILLIPS, 
N. H. CHAMPLIN, 
CHARLES E. STUART, 

On part of Mouse of Delegates of Virginia. 

JOHN THOMAS BOND, 

F. M. LANCASTER, 
JOHN H. COOPER, 

On part of Senate of Maryland. 

JOHN H. HANDY, 
ISAAC T. COSTEN, 
SYDNEY E. MUDD, 
On part of House of Delegates of Maryland. 

The following is a copy of the act which the commission recommended. It was approved by the 
Genera] Assembly of Virginia on March 1, 1882, to go into effect as soon as a similar act should be passed 
by the General Assembly of Maryland : 

" 1. Be it enacted by the General Assemhly of Virginia, That the boundary lines between the States 
of Virginia and Maryland, upon the Potomac River, as found by the award of Jeremiah S. Black and 
Charles J. Jenkins, arbitrators aforesaid, shall and the same are hereby declared to be as follows : Com- 
mencing at Smith's Point, drawing thence a straight line to Cupid's Island ; thence westerly to Judith's 
Point, a point on Judith's Sound ; thence westerly to Sandy Point; thence to Ragged Point; thence to 
Church's Point ; thence to the Upper Machodoc Point, and from Upper Machodoc to Persimmon Point ; 
thence to Mathias Point; thence to Matomkin Point; thence to the land on the south shore abreast of 
Maryland Point to a point on the Potomac creek, opposite Marlboro' Point; thence to Brent's Point; 
thence to Clifton's Point ; thence to Cockpit Point ; thence to Freestone Point ; thence to High Point ; 
thence to Hollowing Point; thence to Whitestone Point; thence to Perry Point ; thence to Sheridan 
Point; thence along the south shore to Alexandria; thence to Hunter's Point; thence to Gravelly Point, 
following the south shore and the meanderings of the river^ to the line of West Virginia and Virginia." 

"2. And he it further enacted, Ihat it shall be unlawful for any person or persons or body corpo- 
rate to dredge for oysters in the waters of the Potomac river above a straight line commencing at Point 
Lookout, in Maryland, and running thence across said river to the headlands on Smith's Point, in Vir- 
ginia, mentioned in the first section of this act." 

" 3. And he it enacted. That it shall be unlawful for any person or persons or body corporate to 
dredge for oysters in any of the waters of the Poeomoke sound." 

"4. And he it enacted, That in consideration of the mutual concession of rights made by tlie States 
of Virginia and Maryland, hereinafter in this section provided, that the citizens of each of said States 
shall have equal and common rights of catching and taking fish and oysters in all the waters of the 
Poeomoke Sound lying north and east of a straight line commencing at Watkin's Point, in Maryland, 
and running thence in a southeasterly direction to buoy R, number four, as it is now located upon the 
coast chart, number thirty-three, of the United States Coast Survey, sheet number three, Chesapeake 
Bav, filed with said award of said Black and Jenkins, making off from a shoal from Messongo creek, and 



61 

a straight line commencing at the end of the aforesaid line and running by the shortest straight lino 
thence to the northern boundary line of said creek; provided, nevertheless, that neither of the said 
States, nor the citizens thereof, shall have, or be deemed to have acquired, by reason of anything in this 
act contained, any rights in any creek or inlet making into or bounding on said sound ; and provided 
further that the riparian rights of the said States, respectively, and the citizens thereof, shall be the same, 
with the same limitations and restrictions as exist by virtue of the compact between the said States, made 
in the year seventeeen hundred and eighty-five, to which reference is hereby made for the same; and 
provided further, that if either of said States shall fail to prohibit, or having prohibited dredging in any 
part of Pocomoke sound shall repeal the same, then, and in that case, this section shall be no longer 
binding on the other." 

" 5. And he it enacted, That both of the said States of Virginia and Maryland shall have concur- 
rent jurisdiction over all oifences against this act, committed upon the waters described in the fourth sec- 
tion of this act,- as well as in the Potomac river, and that the ofiicers of either State who may be empow- 
ered by the laws of said States, respectively, to enforce this act, shall arrest any person or persons charged 
with the violation of any of the provisions thereof, the said person or persons so arrested shall be taken 
by the officer making such arrest and delivered for trial to the proper authorities of the State of which 
they may be citizens ; and if any of the said persons so arrested be not citizens of either of said States, 
then such persons shall be taken and delivered for trial to the proper authorities of the State whose offi- 
cer makes such arrest, unless there be at the same time citizens of either of the said States arrested as 
participants in said offence, in which case said non-resident offenders shall be delivered for trial to the 
proper authorities of that State whose citizens are at the same time arrested as participants in the same 
offence." 

6. And be it ^further enacted,. That it shall be lawful to collect or take oysters for any lawful pur- 
pose in the Potomac fliver, and that part of Pocomoke Sound covered by the fourth section of this act, 
from the first day of October to the first day of May ; and that it shall be lawful to take oysters in said 
waters for the purpose of planting or bedding only ; and that they may be planted and bedded in the 
waters of either of the said States up to and including the fifteenth day of May, and during all the month of 
September ; and that the collecting and taking of oysters, whether bedded or not, in any of said waters, 
for any purpose whatever, shall be unlawful from the fifteenth day of May to the first day of Sep- 
tember, provided that nothing in this act shall be construed to prohibit the collecting or taking of oysters 
in any of said waters, at any time, to be eaten within or opposite the county wherein taken." 

" 7. And he it enacted. That if any person or persons, or body corporate, shall take or catch 
oysters with dredges, or instruments other than oyster tongs, within the waters described in this act, upon 
conviction, he, they, or if a corporation, it and its agents and servants, shall be punished according to the 
provisions of the law in that case made and provided for by the State or commonwealth where said con- 
viction may be had, provided that in no case shall the punishment be less than one nor more than three 
years' imprisonment in such place as may be by the law of said State or commonwealth provided, and 
forfeiture of the vessel, boat or craft, its tackle, furniture and apparel, to be disposed of as may be pro- 
vided by the laws of said State or commonwealth." 

" 8. And he it enacted, That if any person or persons, or body corporate, shall violate the laws of said 
States respectively with regard to catching or taking oysters with tongs in the waters described in this 
act, he, they, and if a corporate body, it and its agents and servants, shall, upon conviction, be punished 
according to the laws of the State or commonwealth where such conviction is had." ' 

" 9. And he it enacted, That all acts and parts of acts inconsistent with the provisions hereof are 
hereby repealed." 

" 10. And he it enacted, That this act shall go into effect from a date a similar act may be passed by 
the General Assembly of Maryland and become a law of said State." 

It will be observed that this act, as printed and punctuated by the Auditor of Public Accounts of 
9 



62 

Virginia, says, " That it shall he lawful to take oysters in said waters for the purpose of planting or 
bedding only " (section 6) ; wliile the recommendation of tlie commissioners simply says tliat they may be 
taken for this purpose during all of Septembei-, and from May first to May fifteenth, while the beds are 
closed at these times for all other purposes. In this respect the law of Virginia, as now worded and 
punctuated, does not express the views of the commission. 

While Virginia has, with this exception, shown her willingness to accept the decision of the commis- 
Bion, our own General Assembly rejected their report, and on May 3, 1882, adopted the following law ; 

"Chapter 391." 

" AN ACT to regulate the taking and catching of oysters in the Potomac River within the boundary 
lines of the State of Maryland." 

" Section 1. Be it enacted hy the General Assembly of Maryland, That it shall be unlawful for 
any person whatever to take or catch oysters in the waters of the Potomac River within the boundaries 
of the State of Maryland as fixed by the award of the arbitrators — Jeremiah S. Black and Charles J. 
Jenkins — appointed by the State of Maryland and the State of V^irginia to ascertain and fix the boun- 
dary lines between said States, in any boat or vessel with scoop, drag, dredge or other similar instrument, 
until after such person shall have first obtained from the Comptroller of the Treasury a license as provided 
by article seventy-one of the Code of Public General Laws of this State, to take or catch oysters in the 
waters of the Chesapeake Bay in the boat or vessel so licensed ; and all licenses hereafter issued by the Comp- 
troller to take or catch oysters with scoop, drag, dredge or other similar instrument, in the Waters of the 
Chesapeake Bay, in any boat or vessel named in such license, shall be so written or printed as to include 
the waters of the Potomac River within the boundary lines of the State of Maryland and below Black- 
stone Island, in said river,' and shall authorize the taking or catching of oysters by such person in such 
boat or vessel, in such waters of the Potomac river below said Blackstone Island, at such times and in 
such manner as may be authorized by such article of the Code of Public General Laws as now in force, 
in the waters of the Chesapeake Bay, in this State." 

" Sec. 2. And he it further enacted, That any person violating any of the provisions of the preced- 
ing section shall be deemed guilty of a misdemeanor, and, upon conviction thereof before any judge or 
justice of the peace having jurisdiction,' shall be liable to and shall sufler the same fines and penalties 
prescribed against dredging without license in the waters of the Chesapeake bay in this State." 

" Sec. 3. Aiid he it enacted, That it shall be the duty of the commander and deputy commanders of 
the oyster police of this State to arrest any and every person violating the provisions of this act, and 
carry such person before a judge of the circuit court or justice of the peace most accessible and conve- 
nient; and any judge or justice of the peace of this State, before whom such oflTender may be so carried, 
shall have jurisdiction to try and determine the said oflence; provided that any person so tried and con- 
victed shall have a right of appeal to the circuit court of the county where tried, in the same manner as 
is provided by article seventy-one of the Code of Public General Laws of this State, as now in force." 

"Sec. 4. And he it enacted. That it shall not be lawful for any person to take or catch oysters in 
the Potomac river within the boundary lines of the State of Maryland, with tongs, without first obtain- 
ing a license therefor, as provided for in article seventy-one of the C(5de of Public General Laws of this 
State*; but any citizen of the State of Maryland, who has been a bona fide resident of the State for one 
year, shall be entitled to obtain the said license upon complying with the other requirements of the said 
article of the Code of Public General Laws; any person presuming to take or catch oysters with tongs 
in the Potomac River within the boundary lines of this State, without license as aforesaid, shall be subject 
to all the pains and penalties provided by article seventy-one of the Code of Public General Laws against 
the illegal catching of oysters with tongs iu the waters of this State ; provided, however, no such license 



63 

shall authorize the takina; or catching of oysters in any water not over twelve feet in depth, with scoop, 
dredge, or seine, or other instrument, in any creek, inlet or tributary of said river." 

" Sec. 5. And he it enacteB, That this act shall take effect from and after the date of its passage." 

" Approved May 3, 18S2." 

Right or wrong, constitutionayy or unconstitutionally, this is now a law of Maryland, and should 
either be enforced or repealed at once. 

If our State is the lawful owner of the oyster fisheries of the Potomac River, we should enforce and 
maintain our rights, and on the other hand, if the citizens of Virginia have, in common with our people, 
the right to these fisheries, our State should at once repeal this law and adopt the recommendations of 
the commission of 1S82. 

It should be easy to test this question, and we therefore recommend that, if the act of May 3, 1882, 
is not immediately repealed, another law be passed, directing one of the steam vessels of the State Fishery 
Force to proceed forthwith to the Potomac River, to arrest all persons found taking oysters in the Poto- 
mac without license from the State of Maryland, and to seize all boats and apparatus so used, and to convey 
the same to a justice of the peace or a judge of the Circuit Court, to be dealt with according to the pro- 
visions of the act of May 3, 1882. 

Your commissioners are not qualified to give an opinion upon the legal ownership of the oyster fish- 
eries of the Potomac, but they wish to call attention to the fact that our State has, by two separate 
legislative acts, recognized, since the award of 1877, the rights of the citizens of Virginia. Thus section 
22 of the act of March 15, 1880, says that the provisions of this act shall not apply to the citizens of 
the State of Virginia; and joint resolution No. 17, of January, 1882, says that chapter thirty-six 
"("?/")" ^""^ ^^^ concerning the talcing and catching of oysters in the Potomac River * * * requires 
the assent of the General Assembly of the State of Virginia, under the cornpact between the States of 
Maryland and Virginia, in the year seventeen hundred and eighty-five, that the same may become 
effective. 

Whatever view is the true one, we cannot express in too strong terms our regret for the vacillating » 
policy of a Legislature which in January appoints from among its members a commission to meet the 
commission of a sister State, to adopt measures for the protection of common property, and in May of 
the same year, decides (act of May 3, 1882) that this sister State had at that time no interest in the 
property. 

It is claimed that Virginia, by adopting the recommendations of the joint commission, and by pass- 
ing the law of March 1, 188ii, has revoked the compact of 1785 ; but this law, like the Maryland law of 
March 15, 1S80, or two years before, contains the provision that it shall not take eflect until it shall be 
approved by the other State, and it clearly has no bearing whatever upon the ownership of the Poto- 
mac beds. 

Our rejection of the report, upon this ground, after the appointment of the commission, is more 
worthy of a pettifogging lawyer than of the Legislature of an honorable State. 

The position of Maryland in this matter is childish and undignified in the extreme, and in a very 
unfavorable contrast to the attitude of Virginia, although the general oyster policy of the latter State is 
no more satisfactory than our own. 

The laws of Virginia upon the oyster industry are fully as unwise and inefiicient as our own, and 
your commissioners do not believe that our State should adopt the system which Virginia now employs, 
but the question with reference to these waters now is " protection or no protection." So long as these 
waters are without some legal protection, however unsatisfactory, it will be impossible for our Fishery 
Force to enforce our laws in other parts of our waters, and it is clear that the responsibility for this state 
of things rests with our own people. 

The policy of prohibiting dredging is unwise, and the closed season, according to the law of Virginia, 



64 

is difierent from the one at present legalized in Maryland, but these considerations are of trifling import- 
ance compared with the necessity for securing protection of some kind for our border beds. 

Your commissioners had no direct interest in oyster legislation at the time the subject was discussed 
by the General Assembly, and they therefore know nothing regarding the discussion, but the following 
letter from Joseph B. Seth, of Talbot county, which appeared in the Baltimore Siin of December Sth, 
1883, gives the reasons which are said to have led to the rejection of "the report : 

" A prominent subject of discussion in the papers for a day or two past has been the question of the 
oyster interests of the States of Maryland and Virginia in relation to the Potomac River. While I admit 
that the action of the Legislature of the respective States during the session of 1882 is correctly stated 
by Gov. Cameron, I find that he, and in fact the public generally, fail to appreciate the condition of the 
subject which led to the action of the Maryland Legislature at that session, and therefore request the use 
of your columns for a brief explanation in justification of that action, and not having been a member of 
that body, I feel that I can do so impartially." 

" Few persons in our State have studied this question or are properly informed of its status." 
" The question of boundary line between the two States was long an open and embarrassing one, and 
gave rise to repeated conflicts and troubles in relation to the fisheries of the Potomac and Pocomoke, and 
in order to avoid these repeated conflicts and troubles the two States entered into the compact of 1785, 
by which the citizens of the two States were permitted to use the said rivers for fishery in common. At 
the time of this action the oyster question was of little or no importance, and did not come into notice 
for more than half a century thereafter. We must bear in mind that this compact embraced tbe Potomac 
and Pocomoke Rivers, and our people contend that the term ri\'er, as then used, was intended and did 
embrace what is now called Pocomoke Sound, while Virginia restricts the term to the upper and narrow 
part of the stream, which is almost barren of oysters." 

"It is true that the representatives from Somerset county fought the report of the committee be- 
cause their citizens are most interested, but their fight was the fight of this State." 

"The grounds of opposition are; First, that by the Graham-Black award of 1S77 the boundary line 
has been fixed, and the binding force of the compact of 1785 been annulled, and all necessity for its 
existence removed. Second. That if the compact is to continue in force it should secure to the citizens 
of Maryland the rights of fishery in common in the Pocomoke in accordance with the spirit and inten- 
tion of the compact at the time it was made; and third, that the bill as reported in 1882 would put it 
entirely beyond the power of the State of Maryland ever again to have opened the question without the 
concurrent action of the State of Virginia, which could not be had. For this reason the House of Dele- 
gates in 1882 refused to pass the bill reported, and subsequently passed the bill introduced by Mr. Miles, 
which bill assumed the control of the l^otomac under the award and legislated in relation thereto as if it 
was our separate property, and I sincerely regret that during the two years just passed the question has 
not been carried, under that bill, to the Supreme Court, and the question of jurisdiction judicially 
settled." 

" I think our Legislature acted wisely. If the Potomac belongs to Maryland let us know it and 
BO treat it. The question of the oyster fisheries of the Potomac will always be one of great perplexity 
and trouble if the two States are required to legislate jointly upon it, and we will never have anything 
satisfactory. It cannot serve two masters. 1 admit the importance and necessity for legislative protec- 
tion, but do not think our people should act hastily. The Supreme Court of the United States has de- 
cided that the oyster laws of Maryland are constitutional, and tliat the State has exclusive control of the 
bottoms of all bays, rivers and streams within the lim.its of its territory, so if the Potomac is ours, let us 
know it. So we should also know our rights in the Pocomoke and not lightly throw them away." 

"My advice would be to pass a joint act of protection, limited in duration, say to four years, and 
which would terminate without the action of either State, and during that time have the relative rights 
•f the two States judicially determined. The oyster question will be the most prominent one before the 



65 

Legislature of 1884, and I think they will be fortunate in having before them the views of all classes in- 
terested. Private interest must be laid aside and the question dealt with as the great commercial industry 
of the State." 

With regard to the claim that Pocomoke Sound should be open to the citizens of both States, we 
must recollect that while the Potomac and Pocomoke Rivers are bounded on one side by the land of Vir- 
ginia and on the other by the land of Maryland, the whole of Pocomoke Sound south of the latitude of 
Watkins' Point lies entirely within the boundaries of Virginia, according to the award of 1877, as well as 
by the compact of 1785, and by the charter of Lord Baltimore in 1632. None of these boundary lines 
recognize any right on the part of Maryland to any lands south of Watkins' Point, but a reference to 
Chart No. i of our report will show that the report of the Commission of 1882 does give to our people 
the right to fish for oysters upon a very considerable area south of the boundary. 

The report, which has been accepted by the State of Virginia, gives to us the right to fish anywhere 
to the northward and eastward of a line from Watkins' Point, which is on the boundary, to Ked Buoy 
No. 4, which is entirely in Virginia, and from this buoy to the north point of Messongo Creek, which is 
also in Virginia. 

A reference to the chart which accompanies this report will show that more than half of the produc- 
tive oyster area which is open to the people of both States in Pocomoke River and Sound lies to the south of 
the boundary, and actually in Virginia. So far as this area is concerned the report of the joint commission 
of 1882 is a liberal compromise on the part of Virginia. 

The simplest solution of the difliculty would be the recognition of the right of each State to exclu- 
sively control the bottoms within its own boundaries; but we should by this lose more in Pocomoke 
Sound than we should gain there. 

If the Potomac River oyster grounds belonged entirely to us, we should not lightly throw our rights 
away ; but the enactment of a law to prohibit dredging in the river, and to adopt the Virginia closed 
season would not do this, and as we have already recognized by the compact of 1785 the right of Virgin- 
ians to fish in these waters, the acceptance of the report of the joint commission would not change 
matters. 

As the law of Virginia is anaulled by the passage of our law of May 3, 1882, we recommend that 
our Legislature pass a law prohibiting dredging in the Potomac and Pocomoke Rivers, and in Pocomoke 
Sound, and adopting the Virginia closed season, and that the necessary steps be taken to secure the ratifi- 
cation of this law by Virginia. 

We also recommend that the ownership of the oyster fisheries of the Potomac within our own boun- 
daries be decided, and that if these beds belong in common to the people of both States, a joint comiuis- 
sion be appointed to prepare and recommend measures for their protection and development. 

Section VIL — On the Oystkk Fisheries of Tangiee Sound. 

Your commissioners believe, as the result of their personal examination of the working of the State 
Fishery Force, that one of the most serious hindrances to the thorough enforcement of our laws, is the 
existence of local laws giving to certain counties the right to permit dredging without a license from the 
State. 

The history of this subject is as follows: In 1S74 a law was passed (chapter 437) which, as amended 
by chapter 405 Of the act of 1876, and chapter 359 of the act of 1878, gives to the clerks of the Circuit 
Court of Dorchester and Talbot counties the right to issue to any resident of these counties a license to 
use any boat of not more than ten tons capacity for dredging in certain specified waters of the Choptank 
River upon the payment of two dollars per ton annually. 

The act of 1874, chapter 214, as amended by chapter 325 of the act of 1878, and by chapter 327 of 
the act of 1882, gives to the clerk of the Circuit Court of Dorchester county a similar right to issue to 



66 

residents of the county licenses to dredge, with boats of not more than ten tons capacity, in specified 
portions of the Choptank River and Tangier Sound and its tributaries. 

The act of 1867, chapter 129, permits any citizen of Somerset county, who holds a State license 
to dredge in the Chesapeake Bay, to obtain from the clerk of the Circuit Court, upon payment of ten 
dollars annually, a license to dredge for oysters in the waters of this county. 

These laws seem to be worded with sufficient care, and the practice of apportioning our oyster 
lands out among the counties would be a good one if the counties could be relied upon to preserve 
the beds from destruction and to enforce the laws. It is plain, however, that the people of the State 
at large should not be taxed to support a navy for the protection of property of which certain counties 
have the exclusive use, and which j^ays no revenue to the State Treasury. Your commissioners also 
submit that they iind, by personal examination, that the local laws are not enforced. 

In November, 1882, we visited the waters of Dorchester and Somerset counties, on Tangier sound, 
and found upon the beds hundreds of vessels, of more than ten tons capacity, engaged in dredging for 
oysters without displaying a State license number, as required by law. In one day we counted eighty- 
six vessels thus engaged, and in both Dorchester and Somerset counties the average size of the dredg- 
ing vessels was about that of the vessels which dredge, under State license, in the bay. Out of more 
than one hundred, not one was within the legal limit of ten tons capacity. We failed to find among 
these vessels a single one which was licensed, as required by the local law. It is true that we did not 
overhaul and question all of them, as this would have consumed all our time, and would have defeated 
the object of our visit, the examination of the condition of the beds. 

At our request the commander of the Fishery Steamer Leila, arrested the captain of one of these 
boats, and took him before a magistrate. "We were unable to remain to hear the conclusion of the 
case, but we were afterward informed that the oft'ender was promptly acquitted. 

We were informed by Geo. T. Rowe, magistrate, of Deal's Island, Somerset County, that he him- 
self issued 250 local dredging licenses in 1881, and that this year, 1882, he knew personally of only 
two dredgers in his district, who had conformed to the law and taken out licenses. 

In view of these facts we recommend that the State assume the exclusive right to license and reg- 
ulate dredging within our waters, and that all laws conferring this'power upon local authorities be 
repealed. 

In our examination of the oyster beds we accidently discovered a practice which is so dangerous 
that it should be prohibited by law. A dredger who was arrested by Capt. Mitchell at our request, 
said that he had not yet received his license, but that he had paid his license money to the commander 
of the fishing sloop of his district, although he had no receipt to show. We afterwards found the 
commander of this sloop, and when brought aboard the steamer and questioned he admitted that he 
did sometimes receive the money for licenses in this way, but that he took out the licenses as soon 
afterwards as possible, and retained them in his possession until he had an opportunity to deliver 
them. He also said that, in such cases, he did not usually give a receipt, as the dredgers were 
acquainted with him, and wanted none. 

We do not affirm that this practice is followed in order to evade the laws, but we respectfully 
submit that the temptation for the dredger to compound with the fishery officer for immunity from 
arrest is very strong, and we recommend that a law be passed to declare that no vessel shall be used 
to take oysters in this State, unless it shall have on board, at the time it is thus used, the license 
required by law, and that the penalty for the violation of this law shall be the same as the penalty for 
dredging without a license, and we also recommend that any fishery officer who shall receive a license 
fee from an oyster fisherman, without at the same time delivering to him his license, shall forfeit his 
bond to the State, and shall be removed from his position, and shall not again be employed upon the 
fishery force. 



67 

Section VIII. — On the State Kevenue from the Oystek Industry. 

While this subject does not come strictly within the province of the Commission, we feel that 
our work in the Held has given us opportunities to make suggestions which may serve to increase the 
revenue. As long as our present policy of raising revenue by licenses is adhered to we cannot expect 
any very great increase, and the depletion of the beds must, in any case, alFect the income of the State. 
We believe that the true interest of our people demands private cultivation, and as this will increase 
the amount of productive and taxable real estate, it will enlarge the most important source of public 
revenue. 

In the meantime certain changes should be made in our present policy. 

As there are six or seven hundred dredging vessels, all of them very much alike in appearance, 
the only way for the officers to determine whether dredging boats have complied with the license law 
is to observe whether they display license numbers, and it is assumed that any boat which is numbered 
is also properly licensed. 

As a duplicate number can be made by any one with a paint brush and a little black paint, there 
must be a strong temptation to evade the law by counterfeiting the numbers or by using old ones, 
after the license has expired. 

We therefore recommend that each officer of the fishery force be required to keep a daily record 
of the' numbers of all dredging boats in his district and of the beds upon which they are working, and 
to transmit a copy of this record, once a week, to the Oyster Commissioners, who shall be required to 
enter, in a book kept for the purpose, after the number of each dredging boat, the place where it has 
been seen on each day. Whenever this record shall show that the same number has been seen in one 
day at two distant points, the commander of the fishery force shall issue an order to all officers to 
overhaul all vessels which exhibit this number and to examine their license. 

We also recommend that, as the State bears all the expense of protecting the tongmen, all money 
received for tonging licenses and all fines received for the violation of the oyster laws be paid to the 
State Treasury, to the credit of the oyster fund. 

Your Commissioners do not believe that, even under our present oyster policy, our method of 
raising revenue is the best one. Nearly nine-tenths of our oysters are consumed outside our State, 
and we believe that the revenue and the expenses of enforcing the laws should fall upon these con- 
sumers, rather than upon our own people. We do not reconmiend any change, but we beg leave to 
call attention to the subject, and to suggest that the repeal of the license laws and the imposition of a 
tax upon all oysters handled by wholesale dealers would cheapen oysters to o\ir own people, and would 
put most of the expense upon consumers outside our State. 

Section IX. — On the Advisability of Dividing our Oyster Area into Open and Closed 

Districts. 

We have shown, in a preceding section, that we cannot hope for any marked im[)rovenient in the 
condition of our oyster beds through the enforcement of laws closing them for certain months in the 
year. , • 

The rapidly increasing demand for oysters must be supplied in one way or another, and the 
efl'ect of a closed season is simply to gather the oystermen upon the beds in greater numbers than ever 
at the end of the season. 

This is equally true whether the closed season is long or short. If our waters, or any part of 
them, should be closed to the public for a term of years the oysters would increase and multiply and 
finally restock the beds. It is difficult to state exactly how long a time would be required, as this 
depends upon the condition of the beds. When there are plenty of mature oysters to supply the spat, 
liod plenty of clean shells for the young to fasten upon, a few years will suffice to restore the bed, but 



6« 

after an oyster bed is thoroughly exhausted there is no reason why another natural bed should ever 
grow up in the same spot rather than anywhere else, and in any case the closure of certain districts 
cannot increase the supply beyond its natural limits. In certain parts of France the oyster territory 
has been divided into sections, and each section is fished in turn while the others are closed and left 
to repair their losses. We are told by a recent French writer that while the provinces which have 
made use of this system have been able to preserve their beds from complete ruin they have not been 
able to increase their fruitfulness or to restore them to their ancient splendor. 

Even if the waters are loaded with spat from adjacent beds, there is no reason why the young 
should gain a foothold on the site of the exterminated bed. Between the natural beds there are areas 
where the bottom is perfectly adapted for oysters, except that there is nothing for the spat to fasten to, 
and an exterminated natural l)ed is in the same condition. 

The regrowth of such a bed is, therefore, exactly like the original formation of a natural bed, and 
it must be a very slow process indeed ; how slow it is very difficult to say, as we have very little infor- 
mation which will help us to decide, although we have facts to show that a century may not be long 
enough. 

When New England was settled there were very many valuable beds between Cape Cod and the 
northern limit of our coast. Many of these beds were destroyed so long ago that we have no records 
of the date when they ceased to be productive, and others were yielding oysters about one hundred 
years ago. There are still a few scattered oysters at certain points on the coast, and we can be sure 
that the conditions are still favorable, but there is no evidence to show that any of these beds have 
become restocked, although some of them have certainly been untouched for two hundred years or 
more. It is possible that the beds which were discovered by the United States Coast Survey in 1874, 
near Plymouth, New Hampshire, have grown there since the oysters were exterminated, a hundred 
years before. This region was renowned among the Indians for its oysters, and in 1697, a river 
emptying into the bay was known as Oyster River. One hundred years ago a number of vessels 
were loaded with oysters there, but since that time the region has yielded no oysters until 1874, when 
the officers of the IJnited States Coast Survey found about a dozen large beds or clusters of beds in 
about ten feet of water. 

It is impossible to state whether these beds occupy the place of the beds which were exterminated 
a century ago, but it is probable that most of the old beds were in shallow water. The bay must 
have contained enough oysters to furnish spat, and as no new beds have grown up in shallow water, 
we are forced to conclude that, even when spawn is present, a period of a hundred years is not enough 
to restore a bed which has been completely destroyed. 

Very fortunately for us none of our own beds are as yet completely destroyed, and there is still 
an abundance of spat in our waters, and while the shells are nowhere as abundant and clean as they 
should be, most of our beds could, in all probability, be restored to a tolerably prosperous condition 
by five or six years of rest. 

• Ij is important, however, to keep clearly in mind the fact that this remedy would not meet the 
real difficulty, as it could, at the best, do no more than restore the natural supply. It would do 
nothing to increase the supply beyond its natural limits, and as the demand is now far in excess of the 
natural productive power of our waters, the restored beds would very soon be again exhausted and 
left in a worse condition than ever. 

The adoption by the State, of a plan to close certain districts long enough for the beds to recover, 
would, undoubtedly, delay the work of extermination, but it would also cause an immediate decrease 
in the supply. 



.fi9 

"We believe that if our present policy is continued, measures of this kind must be adopted, but 
we believe that such an expedient can have only a temporary value, as it will do nothing in itself to 
enlarge our oyster area, or to increase the productiveness of our waters. 

Your commissioners recommend this plan, not as a remedy for "the evil, but as a means for arrest- 
ing the destruction of our oyster property until better methods can be introduced. 

We belicv^e' that the districting plan is neither a real remedy nor the best method for arrcstiiig 
the destruction. It is the best which can be put into force without delay, but while recommending it, 
we feel that it is our duty to call attention to the fact that there is a still better method, although it is 
one which would require considerable time, and the expenditure of large sums of money. 

Under natural conditions each bed is able to yield a certain number of oysters each year, and 
whenever this number is exceeded the bed sutlers, and if the practice is continued it must be 
destroyed. It makes no diiference whether the oysters are taken in one month or in twelve, or in one 
year or in five. The ultimate effect upon the bed is the same in all cases. 

In the absence of measures for artificially increasing the productiveness of the oyster grounds, or 
even when such measures are employed, the only way to effectually protect a bed is to examine it 
each year, and to learn how many oysters it can furnish without injury, and to take such steps as may 
be necessary for preventing each bed from being drawn upon in excess of its capacity. 

When the natural beds are small and few in number, it is easy to do this, and the plan has been 
employed in some parts of our own country, and also in many parts of Europe, where a few guard 
boats are enough to protect the beds and to learn how many oysters are taken from each one. 

The waters of Maryland cover nearly one-third of the whole area of the State, and as oyster beds are 
found in nearly all our waters, there are very great practical difficulties; and the attempt to learn 
how manj- oysters are taken, and how many should be taken from each bed, demands great executive 
ability and a large and well trained and equipped police force. Our present Fishery Foi'ce is totally 
incompetent to undertake such a work, and no force could do it etficiently without devoting two or 
three years to organization and to preliminar}' work. 

The restriction of the crop according to the capacity of the bed is absolutely necessary, and it 
must be brought about in one way or another. 

The result can be reached by a system of intelligent private cultivation upon grounds held for 
the purpose upon long leases, or deeded outright by the State; for personal interest is the strongest' 
motive which can exist to prevent the needless destruction of property. 

If all our oyster area were divided up into private holdings, the whole could be watched and its' 
condition and capacity much more carefully and exactly ascertained, than can ever be the case under 
State management, and an enlightened system 'of private cultivation would be the most sure safe- 
guard against the exhaustion of the beds. 

The most euthusiastic advocate of private cultivation can have little hope of witnessing such a 
change as this in our oyster policy very soon, and the'histor}' of the wanton destruction of the timber 
lands of all parts of the Eastern United States shows that even private interest maj^ in the absence of 
sound education, fiiil to produce the desired result. 

In any'case we cannof look for efiicient protection from this source immediately, and in the mean- 
time the State should provide, as quickly as possible, for the annual examination of each bed, and it 
should ascertain each year how many oysters each bed can furnish without injury, and it should enact 
laws to "prevent this amount from being exceeded, and it should fui-nish means for enforcing these 
lawSi 

We- do not believe that there is at present any person who could do this wisely and efficiently, and ' 
we believe that the oyster interests should be put for a term of ^ears into the liands of a commission 
10 



70. 

composed of competent persons, who should be employed to study the subject and to gain the experi- 
ence which is needed for devising a practical method of protection. 

The first step, the survey of all the beds and the construction of accurate maps, would employ a 
large and well equipped force for several 3'ears. 

In another part of our report a plan for reorganizing the State Fisherj' Force will be found. This 
plan has been drawn up by one of your commissioners who is well fitted, by his past training, for 
handling the subject; and if his recommendations are adopted the oyster beds could be surveyed and 
mapped, in two or three years, without great exjiense to the State. After all the beds are mapped, a 
large force will still be needed to make the annual examinations, and for obtaining the data which are 
needed to determine how many oysters each bed can yield without injury. 

The enactment and enforcement of the necessary laws would even then present many diflicult 
and complicated problems, but if our public beds could be placed for a term of 3'eara under the super- 
vision of an officer or a commission to study the subject, and to superintend and direct the survey 
and examination, and to develop a plan for protection ; and if competent persons could be found to 
devote themselves to this work; and if an efficient navy, under the command of trained officers, could 
be employed to act under their supervision and direction, a practical and efficient plan could no doubt 
be devised and put into execution within two or three ye^rs. 

The expense would of course be considerable, but it would soon be repaid to the people of the 
State. The magnitude of our oyster industiy and its almost unlimited possibilities, seem to demand 
the organization of such a department, but the State could not expect an immediate return for the 
expense. 

No efficient plan for the annual examination and thorough protection of each bed can be put into 
force without two or three years of preparatory work, such as surveying and mapping the beds, organ- 
izing and training the force, and studying the problem and devising and enacting laws. 

In the meantime something mav be done by more simple means, and we accordingly submit a 
plan, which should be adopted immediately, for dividing our waters into districts. 

As it is impossible to state, at present, how long it will take for any particular bed to become 
restored, we recommend that certain areas be closed for an indefinite time, and that no one be allowed 
to take oysters within these areas until examination shows that they are sufliciently restored. 

The closure of a part of our waters will, of course, diminish the supply of oysters, and we there- 
fore believe that the total area which is closed should be only a small part of the whole oyster area. 

It is plain, also, that if the whole of the closed area were in one place the residents of the lands 
bordering upon it would be unfairly treated, as they would be compelled to go to a great distance for 
their oysters. 

We therefore recommend that, to meet these difficulties, the system of districts which is shown 
in colors upon the accompanying charts, and which is more exactly described in another part of this 
report, be adopted. 

We recommend that our waters be divided into two areas: "A Shore Oyster Fishery," which is 
colored blue, and a " Deep Water Oyster Fishery," which is colored red and yellow. We recommend 
that no dredging be permitted within the blue area or " Shore Oyster Fishery," but that this be re- 
served for tongraen and planters excusively, although we recommend that a licensed tongman be also 
allowed to take oysters on any grounds where dredging is permitted. 

We also recommend that one-third of the total area of the " Deep Water Oyster Fishery " be 
absolutely closed to the public for an unspecified time, and that this closed third be divided into five 
narrow belts across the bay, separated from each other by wider belts where di'edging shall be per- 
mitted as at present. On the charts the five narrow closed districts are colored red, and the sis open 
districts are colored yellow. 



71 

The yellow area is therefore tlie only part of the bay and its tributaries where we recommend 
that dredging be permitted. 

If this plan is adopted, the dredging ground will be considerably reduced, and the supply of 
oysters for a few years will be diminished, but there is no help for this until the supply is increased 
by artificial cultivation. 

We also recommend that a proper seaworthy steamboat, under competent officers, be kept upon 
duty at all times, by night as well as by day, on each of the six open districts, which are colored yellow, 
to prevent unlicensed dredging, and to protect the shore oyster fishery from the depredations of 
dredgers, and to guard the closed areas, and to survey and examine the oyster beds. 

We also recommend that a steamer be placed upon the Potomac river for the same parpose, and 
that an extra steamer be kept in reserve, to relieve any disabled boat, and to be used by the com- 
mander of the Fishery Force in inspecting the work of his subordinates, and to be used by the oyster 
commission in their examinations. 

We have already called attention to the fact that this districting plan will not in itself lead to any 
permanent improvement, and that it is nothing but a temporary expedient to arrest the destruction of 
our beds. 

In another part of our report we therefore recommend that active measures be employed to 
increase the supply of oysters by artificial means, upon two of the closed districts, and we also recom- 
mend that any person who is authorized to appropriate ground for the cultivation of oysters under 
the five-acre law, be permitted to select these five acres within the closed districts. 



72 



CHArXER VI. 



OYSTEK PLANTING. 



Oyster planting is the placing of small or " seed " oysters upon bottoms which are favorable to their 
growth. There are many bottoms where there are no natural oysters, simply because there is nothing 
upon the ground for the spat to catch upon, or because they are not in places to which spat is carried, 
and there are other bottoms which are so soft that a very young and small oyster would be buried in the 
mud and killed, although larger ones are able to live and thrive in the mud. In all these places oyster 
planting can be carried on with profit, for while it is true tliat the total number of oysters which are 
born is not increased by planting, the number which reach maturity is greatly increased, for the young 
oysters fasten themselves so close together and in such great numbers, that the growth of one involves, 
under natural conditions, the crowding out and destruction of hundreds of others, which might have been 
saved by scattering them over unoccupied ground. 

Planting also adds very greatly to the value of oysters, as they grow more rapidly and are of better 
quality wlien thus scattered than they are upon the natural beds, and IngersoU, in his " Report on the 
Oyster Industry of the United States," quotes the statement of Captain Cox, of New Jersey, that thirteen 
dollars' worth of small "seed" oysters yielded, after they had been planted for two years, oysters which 
were sold for $11 !, besides about thirty bushels which were used as food by the planter's family. 

Oyster planting can be carried on only on private grounds, and it cannot flourish in a community 
which does not respect the right of the private owner to the oysters which he has planted. 

Tiie "five-acre law" of Maryland puts it within the power of any resident of the State to obtain 
land for this purpose, but the industry has never attained to much importance here, and partly on ac- 
count of the absence of sufiicient protection, and partly no doubt through the feeling that our large and 
apparently inexhaustible natural beds render. private enterprise unnecessary. 

In Virginia more attention has been given to planting, and in some of the States north of us all the 
land which is fit for the purpose is thus occupied. In many States, as in Delaware, a great part of New 
Jersey, and especially in Rhode Island, the natural beds have been so heavily drawn upon that they long 
ago ceased to furnish any marketable oysters, and they are now valuable only as a source from which a 
supply of small oysters can be gathered each year for planting. The spat from the few mature oysters 
which escape the fishermen, and that which drifts into the beds from the planting grounds and from the 
scattered clysters which still exist in protected places, keeps up the supply from year to year, and its value 
is increased hundreds of times by the planting system. 

The industry does not require a large capital, and it can be carried on with profit on a very small 
scale, although the oysters need constant and intelligent attention. In all places where it has been em- 
ployed it has added greatly to the prosperity of the communities which have engaged in it, and has 
greatly increased the population of the shores along which it has been encouraged and protected. 

A writer about thirty years ago states that the prosperity and rapid increase of the population of 
Staten Island is chiefly due to the encouragement and growth of the oyster planting industry. At 
Prince's Bay, on this island, there has been some planting for more than sixty years, but before the 
bottom was laid out in private plantations there were very few persois living there, and the land was 
almost uncultivated ; while in 1853 the number of inhabitants who depended directly upon this business 
for support had increased to over 3,000. 



73 

In some of the Northern States oyster planting has been in existence for many years. IngersoU 
states that oysters have been planted in York Bay, in New Jersey, since ISIO, and that a suit was 
brought in Shrewsbury, New Jersey, at about the same date, to determine whether a man has the exclu- 
sive right to the oysters which he has planted. 

Tiie history of tlie oyster industry of Khode Island furnishes an interesting illustration of the value 
of an intelligent system of planting. 

All bottoms between high-water mark and the ship channel are public property, to be controlled and 
administered by the State in such a way as to secure the greatest good to the greatest number of its 
citizens. 

In 1865 laws were passed allowing the leasing to private citizens, for a term of years, at an annual 
rental of $10 per acre, of any bottoms which are covered with water at low tide and are not within any 
harbor line, to be used as a private oyster fishery for the planting and cultivation of oysters, whether 
these lands contain natural beds or not, and efficient laws were enacted for the protection of private 
rights. 

The eifect of this measure has been good in every respect. The revenue of the State has been 
greatly increased, and it is stated that the rentals of the beds will in tinje pay all the expenses of the 
State government. 

The price of oysters has decreased, and the supply has become so abundant that only one-tenth are 
needed for the home market, and nine-tenths of the annual supply is sold outside the State. 

In 1S65 oysters sold for $1.75 per solid gallon; in 1878 the price was $1.15 to $1.10, and in 1879 it 
had fallen to 90(5,95 cents. 

In 1865 the product of the State was 71,894 bushels, while in 1879 it was 660,500 bushels. 

The area which was used for planting in 1879 was only 962 acres, yet this area paid $6,582.90 into 
the State Treasury ; it employed a capital of over $1,000,000 ; it paid $125,000 in wages to the people of the 
State ; it furnished the market with 660,500 bushels of oysters, with $680,500 to the producers, and it 
gave support to 2,400 persons. 

The following table gives the revenue of the State from the rent of the beds for each year, from 
1865, when the present method was adopted, up to 1878, and also in 1882 and in 18S3 : 



1865 $ 737 33 

1866 6G1 37 

1867 1,568 50 

1868 1,814 40 

1869 1,946 15 

1870 1,537 65 

1871 3,186 63 

1873 2,772 95 



1873 $ 4,483 88 

1874 4,997 05 

1875 5,270 00 

1876 5,300 OO 

1877 6,045 35 

1878 0,583 90 

1882 9,741 00 

1883 11,000 00 



Until within the last year the Rhode Island grounds have been used only for planting, and most of 
the seed oysters are purchased from other States, yet the planted oysters sell for three or four times the 
cost of the seed, and it is doubtful whether there is any farming land in the United States which yields 
as great a profit to the acre as the 1,100 acres which have been used this year for oyster planting in Ehode 
Island. 

Our little revenue to the State Treasury of about fifty thousand dollars from nearly a million acres, 
sinks into insignificance when compared with the eleven thousand dollars which Rhode Island receives 
from her eleven hundred acres, and her beds are constantly improving in value, while ours are rapidly be- 
coming worthless under our present policy. 

In the early days of Rhode Island oysters were found there in the greatest abundance, but although 
dredging was forbidden in 1760, under penalty of ten pounds fine, the natural beds have been so depleted 



74 

by excessive tonging that they are now of little value, and they supply only a very small part, less than 
one-eighth, of the seed used in planting. 

The only place in the State where seed oysters can now be obtained in any considerable quantity is a 
little strip of about five miles in the Seekook Kiver, where the oysters are not marketable on account of 
their vjvid green color. As the oysters lose this color when transplanted for a few months they are used 
by the planters, and the bed yields from five to ten thousand bushels a year. With this exception most of 
the seed oysters are purchased outside the State. 

A synopsis of the laM's by which this industry is regulated and protected in Rhode Island is given on 
a later page of this report. 

We have, in another place, given figures to show that if all the area of our own State which is proper for 
oyster planting were used in this way, it would, if no more profitable than the oyster grouuds of Rhode 
Island, bring the inconceivable sum of two thousand million dollars into the hands of the planters each 
year. 

VALUE OB PLANTING. 

The oyster industry of Delaware furnishes an instructive illustration of the value of oyster planting. 
The natural beds of this State are not equal to a two-hundredth part of those of our State, but under a law 
which allows any citizen to appropriate fifteen acres of ground where there are no natural oysters, upon pay- 
ment of a fee of $25, and an annual license fee of $3 per ton for the boat used, a system of planting has 
grown up which is encouraged by public sentiment and is a great source of wealth. 

Nearly half of the million bushels of seed oysters which are planted annually upon these beds are 
taken from our waters, and they cost the planter less than twenty-five cents per bushel, put down upon 
his beds. These oysters are taken up within three or four months, and are then sold for more than eighty 
cents per bushel. 

As the boats which gather these oysters are required to be owned in Maryland and to pay a State 
license fee, the sale of seed oysters for twenty-five cents a bushel outside the State is not illegal, but it is 
surely unnecessary to point out that, so long as there are unoccupied planting grounds within our own 
waters, this is equivalent to the loss of fifty-five cents per bushel, or over $250,000 a year. The true 
remedy, however, is not to prohibit this exportation, but to encourage in all possible ways a planting 
industry in our own waters, and thus to bring this added value into the pockets of our own planters. As 
long as there is no one in Maryland to use these 488,000 bushels of seed oysters, it is for the public 
interest that the people of Delaware should be allowed to buy them, and make them worth eighty cents 
instead of twenty-five cents, but it is to be hoped that our own people will, before long, appreciate and 
seize upon this great opportunity for an almost unlimited investment of industry and capital. 

FRENCH OLAIEES OE FATTENING PONDS. 

A method of oyster planting in artificial ponds has been highly developed in France, where it is 
found to yield an adequate return for the labor and capital invested, as oysters fattened in this way sell 
for fifty per cent, more than those from the natural beds. The method involves considerable labor, and 
it is doubtful whether the price of oysters in this country is as yet high enough to render this industry 
profitable ; but as our State contains thousands of acres of land which is at present of no value whatever, 
while it is perfectly adapted for the construction of oyster ponds, we shall give such an account of the 
French ponds as will enable anyone to experiment in this direction. As our winter climate is much 
more severe than that of the French coast, and the rise and fall of the tide very slight, some changes in 
the arrangements of the ponds will be necessary, but there is no reason why the same general plan should 
not be followed here to great advantage as soon as the price of oysters increases suificiently to warrant 
the labor. We are indebted to a recent French work upon the oyster (Guide Practique de L'Ostrei- 



75 

culture et Procedes d'Elevage et de Multiplication des Races Marines Comestibles, par M. Felix Fraiche) 
for the following facts regarding the construction and management of artificial oyster ponds or claires. 

" ARTIFICIAL BASINS." 

^^Claires, live-ponds, parks, die. — For a long time past the breeders of Mareennes, at the mouth of 
the Seudre, have employed, for fattening and perfecting oysters, artificial basins called claires, a descrip- 
tion of which we now propose to give. Ilecommendcd by long experience, they seem to us, save for the 
necessary improvements which we shall mention, the best model to follow in the construction of artificial 
breeding ponds. The claires are basins of variable form and extent, but generally with an area of about 
two to three hundred square meters (about the same number of square yards). Situated at a short distance 
from the sea, and with the waters they contain at a higher level than the mean height of ordinary tides, 
it is only at the period of the springtides, or at each new and full moon, that the sea' rises to their level 
and supplies them anew with water. The best claires are those which receive water periodically from the 
sea, during about three days before and three days after each highest tide. This period of renewal for 
the claires is that which experience has found to be the best, and it determines the maximum altitude 
above the sea for the construction of these reservoirs." 

" Around each claire is built a levee or dirt wall, called a yard, about one meter in height and thick- 
ness. This yard retains the water filling the basin, and upon it the workmen pass to and fro in inspecting 
and working the claire. A flood-gate closes % sluice in one side of the wall, by means of which the sea 
water is admitted to the basin. This gate also regulates the height of the water within the basin, and if 
desired, the basin can be entirely emptied by opening it wide. All around the inner circumference of 
the yard a continuous trench is dug to receive the mud deposited in the basin from the stagnant water, 
for if this mud should be left in the basin the oysters would soon be smothered. In order to facilitate the 
clearing away of the mud into this ditch a slight slope is given to the bottom of the basin, circumscribed by 
the ditch, from the centre towards the borders, so that the surface is sensibly convex. Some breeders dispense 
with this ditch ; in which they are probably wrong, for if it does not prevent the deposit of mud, it at least 
retards it and lessens its eflect. Its use cannot be judiciously dispensed with, unless the water has a long 
distance to run from the sea and is given a chance to settle before being admitted to the claire, so as to 
enable it to part with the greater share of the mud which it carries. 

" In order to prepare the ground of the claire for the reception of oysters, it must first be cleared of 
stones and all vegetation which may cover it, then the necessary slope from the center towards the sides 
may be given it. The ditch is next dug and the yard thrown up. Then with the sluice-way made and 
the gate in place the claire is ready to be filled with water during the first high tide. When the basin is 
full the gate is closed and the water retained after the sea has returned to its ordinary level. The sea- 
water soon penetrates the soil of the claire, saturating it with salt, destroying all injurious germs, and 
transforming it, in a word, into a marine bottom. As soon as it is supposed that this eflect is produced, 
the gate is opened and the surface paved ; that is, it is first smoothed over, and then pounded until it has 
the even, compact appearance of a threshing-floor. In about two months the bottom of the claire will be 
ready for the reception of the oyster. The breeders, to supply these claires, have, up to the present time, 
had recourse to oysters taken directly from the sea, either from banks near at hand or along the coasts of 
Brittany, and brought in bulk in coasting vessels. In order that the products should be of a good quality 
and that the regimen of the claire should have a beneficial influence upon the oysters contained therein, 
it is necessary that they should not be older than from fifteen to eighteen months, or larger than from 
five to seven centimeters in diameter (about two inches). The breeder culls them, cleans them, chooses 
the best shaped ones, and then scatters them with a shovel over the surface of the basin. Afterwards 
they are all arranged by hand so that nothing shall hinder their development or interfere with the opening 
of their valves. In this manner about 1.50,000 can be accommodated upon a hectare (about 2.41 acres) 



70 

of surface. The claire is then filled with water, which is maintained at a uniform depth of 30 to 35 
centimeters. This water, as has already been said, is renewed only at the spring-tides, and at this time 
the water in the claires is necessarily very much raised in level, and consequently the most active super- 
vision is necessary, for the heavy pressure upon the dikes may produce breaks or fissures which it ia 
necessai'y to repair immediately or widespread disaster may result. During cold or hot weather or sudden 
changes of temperature, the breeders maintain the water in the claires at a higher level than the ordinary, 
in order to obviate the destructive action of the frost in winter or the rapid evaporation and heating of 
the water in summer. Nevertheless, the construction of the claire does not always permit of accident 
from these causes being guarded against, and sometimes the result is an enormous mortality and the ruin 
of the breeders. Moreover, the water by remaining in the same basin necessarily deposits there a certain 
amount of sediment which continually accumulates, being added to at each high tide, and especially 
during the equinoctial tidec, thus placing the oysters in no slight danger. To remedy this evil, since it is. 
impossible to prevent the deposit of mud, the breeders always have certain unoccupied claires into which 
they transfer the oysters from the muddy claires while these are being cleaned. After a thorough clean- 
sing they are left empty until it becomes necessary to clean the other claires, when the oysters are trans- 
ferred back to their old quarters. But certain of the breeders, not willing to allow portions of their land 
to lie unproductive, content themselves by cleaning the bottoms and then replacing the oysters in their 
old inclosure, always soiled with mud. It is useless to enumerate the defects of this practice, which can 
only produce inferior results, both as to quality and numbers." 

"Such, in a few words, is the industry of the breeders of Marennes, and it is this which we shall 
take as a guide, if not as a model, for debarring certain imperfections, it presents the most rational and 
best combined principles. If the breeders were in the habit of obtaining the germs necessary to restock 
.their claires from the claires themselves, if they had constructed their ponds so as to be able to raise the 
level of the water contained in them from one and one-half to two meters, and had subjected the water 
from each tide to a certain amount of stagnation before entering the claires, so that it would carry with 
it as little mud as possible, there would be nothing lacking in their methods ; it would simply be neces- 
sary to copy them. Let us profit, then, by all that is valuable in their industry, such as it is; let us 
borrow from the claires all that can be borrowed, all that long experience has pi-oved efficacious, and 
then add the improvements suggested by our recent studies, and with these elements combined we shall 
have an excellent guide for the future service of breeders in constructing and working their claires and 
live-ponds." 

" A claire or live-pond can be established upon any ground where the altitude above the level of the 
sea is sufficient to enable it to be covered by the tide, not every chiy, which would expose it to a too fre- 
quent deposit of mud, but at least twice per month, and during five or six days each time. And as a 
breeder should never be content with one claire, however small his establishment may be, a series of 
basins can be made, either in one or two rows, parallel to the coast, along the surface sloping to the sea, 
and all having the same level. It would not be prudent, however, to have so many that it would be 
necessary to place them at difl"erent levels, or in the form of steps, since in this case the lower ones would 
receive water more frequently, and even be submerged and exposed to a more frequent deposition of mud, 
while the upper ones would receive very little water. But if it becomes necessary to construct claires in 
a' series of steps at diflPerent levels, either because of a restricted amount of surface or to utilize pre- 
existing basins, they ought never to be used indiiferently for oysters of all ages, because the conditions 
offered by the upper basins would be much more favorable for young oysters, and only when they have 
attained a certain size and a greater degree of vitality should they be placed in the lower apartments." 

" The soil of the bottom of the claire demands, according to its nature, difl'erent kinds of treatment. 
If it is argillaceous or muddy, it should be cleaned and leveled, leaving the central portion higher than 
the borders, then pounded to give it solidity, and finally covered with water until the bottom is 
thoroughly saturated, when the water can be allowed to run out, and the bottom once more pounded 



TT 

while it is drying. If the bottom is sandy it is necessary to render it impermeable, so that the water 
may not leak out, and also to consolidate it. To accomplish this the ground is worked over and covered 
with a layer of coarse gravel or fragments of shells, upon which is laid a layer of clay 30 to 40 centi- 
meters (10 to 12 inches) in thickness, which is then treated as already mentioned for the marly bottoms. 
A bed of concrete answers the same purpose, and while it is more costly it is more durable. A pave- 
ment of blocks of sandstone or porphyry, &c., similar to those which are used in the pavements of 
certain of our cities, carefully pointed with clay or hydraulic cement, will thus make an excellent bottom. 
But the clays, especially the reddish clays and the bluish marls, should be preferred in all cases where one 
wishes the oysters to possess the greenish tint to which the oysters of Marennes owe their celebrity. 
Surrounding the ground thus prepared, are built the dikes which are to retain the water in the basins. 
These should be at least 2 metres in height above the bottom, so that a depth of water of from 1.50 to 
1.80 metres can be maintained over the oysters, not all the time, as generally a depth of from .35 to .50 
of a metre ia best, but when it is very cold to prevent the injurious effects of frosts, and when it is very 
warm to prevent the water becoming too salt from evaporation. These dikes should be constructed very 
solid, so as to resist the great pressure which is brought to bear upon them at every spring-tide, and should 
also be covered upon the inside the same as the bottom, with a layer of clay or hydraulic cement, so as to 
prevent all leakage, which is very disastrous in these basins, since the water is renewed only at long 
intervals. Since these earthen dikes are liable to be injured, making it necessary to go to the expense of 
frequent repairs, it would be best, in my opinion, to construct them at first in masonry of rough stones 
and cement, and give them solid foundations. The upper portion of the larger of these dikes should be 
sufficiently broad and firm to permit the workmen to traverse them easily and without danger, for all the 
necessary manipulations of working and inspection. If the height of the ground permits, these claires 
can be formed by excavating in the solid earth, in which case it will only be necessary to cover the Slopes 
of the banks with a layer of stones set in cement. This system moreover will allow of the utilization of 
lands slightly above the level of the tides, so that by uniting the two systems one can arrange three or 
even more rows of claires all upon the same level." 

" As to the expense of construction, I judge it will be about the same for the two methods, the exca- 
vation in the one compensating for the masonry in the other. Finally, to avoid or at least retard the 
deposit of mud, resulting from the stagnation of the water, the claire should not receive a new supply of 
water from the sea without giving it a chance to deposit the greater part of its sediment, which can be 
accomplished by keeping it for a certain length of time in a special basin. These basins themselves might 
be made of service by providing them with gates and sluices, and using them as bi-eeding or fattening 
ponds for mussels or other marine animals. Plate V, tigs. 1 and 2, give a bird's-eye view and also a cross- 
section of two rows of claires, with their feeding and purifying basins. The following explanations will 
sufficiently explain all the details given. C, C represents two claires seen in section, the one dug into 
the bank, the other on the same level but nearer the open water. The sides or slopes of the former, B, 
B, consist of a layer of rough stones cemented together; the sides B', B' of the second are formed of 
thick walls, about two metres in height above the bottom of the claire, and about 1.40 metres in thickness 
at the bottom and .75 to .80 of a metre at the top, with an equal slope upon either side, /', /', of the 
bottom of each claire, the centre being higher than the sides by about .30 of a metre." 

" V, V, sluices and gates for the entrance of water from the sea." 

" V, sluice and gate between two of the claires, to allow the entrance of water into one, only after 
remaining a certain time in the other, and to establish the same levels in both compartments." 

" S, basin for the deposit of the sediment contained in the sea-water, which enters through the gate 
V". It can also be used, if desired, as a supply reservoir, for the claires during the intervals between the 
spring tides. In this case it should be constructed in the same manner as the claires themselves, so as to 
retain the water stored in it. Otherwise it will only be necessary to make the dikes of dirt. In any case, 
it ought to be proportioned in size and capacity to the claires which it supplies." 

u 



78 

" T, T', canal through which the water enters from the sea." 

" By the aid of the shiice-ways and gates in this canal the water can be admitted directly into the 
claires without entering the outer basin at all. This could be done in ease the outer basin were utilized 
for the rearing of mussels and there was danger of the spawn of the mussels entering into the claires at 
the period of reproduction." 

" METHODS OF WOEKING THE CLAIKES." 

" Now that enough has been said in relation to the apparatus for collecting the young growth, and 
the construction of the breeding-ponds, there remain only a few words to be said concerning the method 
to be followed in commencing and continuing a profitable artificial oyster culture. First, it is necessary 
to construct the breeding-ponds which, for the sake of greater precision, we call claires, taking as a basis 
for their extent the proportion of 1,000,0 JO oysters to the hectare or 100 per square metre, a proportion 
which, if is desired simply to raise oysters, can be carried to 500 or 600 per square metre, or 5 to 6 millions 
per hectare ; this is the proportion in the parks of the island of Re. During their construction, and in 
order to' stock them as soon as they are completed, the young growth is procured by means of the collect- 
ing apparatus already described, or by some of the other forms, preference being given to that which will 
answer best for transportation, &c., according to the distance traversed from the spawning locality to the 
breeding-pond. As six months of time at least must elapse after the young growth have become 
attached to the collectors before they can be transported with safety, the two operations, of constructing 
claires and gathering the young, ought to proceed simultaneously. It is in June that this work should 
be undertaken in the ocean, and a little earlier in the Mediterranean. When the claires are finished, and 
have a layer of pure and fresh sea-water over the bottom, the oysters which have been brought upon the 
collectors should be distributed as evenly as possible with a shovel, and afterwards arranged by hand, so 
that they may not form piles in certain places, and be entirely wanting over other sections. As the oysters 
should not remain in the same basin during the entire period of their growth, and as the young detached from 
the collectors are very small, they can be easily so arranged that three or four hundred can be accommodated 
upon a square metre of service, and afterwards, as they increase in size, they can be separated, so as to give 
more room to each. The time of this labor should be chosen so as to end, if possible, at the period of a 
spring-tide, in order that the young oysters, placed upon strange soil and in strange water, may be 
promptly refreshed by the incoming tide, and covered with a layer of water sufficiently deep to prevent 
any abrupt change of temperature. During the entire first year it will be well if the water never has a 
less depth than about one metre, and a strict guard will be necessary to maintain the dikes in good condi- 
tion, repair all breaks, look out for the deposit of mud, and if any takes place change the oysters to 
another claire without delay. Later, in proportion as the oysters increase in size, and are less afiected by 
external changes, this constant oversight can be relaxed to a certain extent, but not entirely, and the level 
of the water may be lowered to from .50 to .30 of a metre, always taking care, however, to increase the 
depth to 1.50 to 2 metres during very cold or very warm weather. It will be readily understood with 
how much caution the level of these basins should be lowered, when it is remembered that it is only pos- 
sible to fill them again at quite long intervals, eight to ten days generally, during which time, especially 
in spring and autumn, great changes of temperature may take place, exposing the oyster to evils against 
which there is no remedy. For young oysters, and especially during their first year's growth, the most 
formidable enemy is mud. We have already spoken of transferring the oysters from a basin where the 
mud has accumulated or is being rapidly deposited to another which is free from mud, but this measure, 
which is excellent for oysters somewhat advanced in size, is not always satisfactory for the very young 
individuals ; and besides, at certain seasons of the year the temperature would render such a change 
impracticable. I would counsel the breeders then to use for the first year frames of galvanized iron, about 
two square metres ia superficial area, covered with a getting of galvanized iron or zinc wire, having meshea, 



79 

of such a size that the young oysters could not fall through. These frames could be supported upon four 
or eight legs from .20 to .30 of a metre in length, and arranged side by side in rows over the bottom of 
the claires, thus forming a double bottom with a space between the frames and the soil sufficient to accom- 
modate the mud, which would then never trouble the oysters upon the frames. They could be left in this 
position the entire year, without disturbing them. After this time they should have sufficient natural 
vitality to be handled without danger, and could be placed upon the bottom of a fresh claire. Thus in 
the rearing of oysters, since live years are required for an oyster to become of marketable size, it will be 
necessary to allot five claires to the rearing of one generation, and to establish a series which shall render 
the production continuous. One claire in five should, therefore, be provided with the wire tables men- 
tioned above. The necessary expense of their construction and introduction would be compensated by the 
decreased cost of manipulation and attention, and the greater production from the claires. The employ- 
ment of these frames would be nearly indispensable for basins along the shores of the Mediterranean, 
which, nearly always covered by the sea, are more liable than others to be covered by a deposit of mud, 
•which can be cleared away only at considerable expense." 

" During the first three or four years of such an enterprise one should, in order to procure the young 
growth necessary to restock the claires left vacant by the preceding generation, have recourse, as at first, 
to the movable collectors, and bring the young from some natural bank; but as soon as a generation of 
oysters becomes adult, and consequently capable of reproducing the species, the claires themselves ouglit 
to produce all the young necessary to furnish the ponds with a constant supply of animals. To accom- 
plish this, about one month before the spawning season collectors are disposed in tliose claires containing 
the adult oysters, it having first been ascertained that these oysters are nearly ripe. The collectors are 
chosen at the convenience of the breeder, according to the means and resources of the country where the 
claires are situated, and become charged with young just the same as over the natural beds at sea, since 
before being taken from the ponds for market the adult oysters leave there a numerous progeny to replace 
themselves ; as the germs produced are always vastly more numerous than the oysters which produce them, 
if the breeder does not desire to extend his industry and increase the number of ponds, collectors need be 
placed only in one or more of the ponds containing adults, so that the demands of commerce can always 
be satisfied during the five or six months required to charge the collectors. Experience proves tiie efficacy 
of this process. Many times, despite the defective condition of their claires, the breeders of Marennes 
have witnessed tiieir basins, depleted by a wide-spread mortality, unexpectedly repeopled from a few 
oysters which had survived the disaster, the young developing upon the shells of the dead oysters. The 
shells in these cases acted as collectors to retain the germs_ which otherwise would have perished or been 
carried ofi" by the first spring-tide." 

" It is perhaps to be wondered at, and even regretted, that such facts should not have caused the 
breeders to see the immense advantange of making their basins places of production and growth as well 
as fattening establishments. To-day, thanks to the light thrown upon this question by the researches of 
M. Coste, the oyster industry can be raised above the condition in which it has been kept up to the present 
time, by routine and indifierence, and spread along our coasts, which have been threatened with misery 
and depopulation. The consequences will be an eminently remunerative industry and a permanent source 
of labor, which will attract to our coasts numerous and robust men, the future hopes of our naval and 
commercial marine. A few figures, not chosen by chance, but selected as a possible minimum, may serve 
to prove to my readers that I have not exaggerated in qualifying the new industry as highly remunera- 
tive, especially when it is called to mind that the lands upon which this industry is carried on are nearly 
valueless, and unsuited to any other sort of cultivation." 

" The price of a hundred oysters of the Marennes variety varies from IJ to 6 francs. Let us then 
adopt the price of 3 francs, which is less than a mean, as the average price per hundred. Upon a square 
metre of surface in a claire we can raise from 60 to 80 oysters, and if we take the minimum at .50 it will 
give us, upon a hectare of surface, or about 2i acres, 500,000 oysters, which in about five years (average 



86 

time of growth) would be worth at 3 francs per hundred, the sum of at least 15,000 francs, making a yearly 
revenue of 3,000 francs or $600. In 1863, on the island of Re, a sailor named Moreau sold the first gathering 
from his park, which contained only 500 square metres, for 1,300 francs, making the revenue 26,000 francs per 
hectare, or $2,180 per acre. Admitting what is evidently above the truth, that the expense of labor, 
repairs, supervision, &c., absorbs three-fifths of this revenue, then the net profits would be 1,200 francs 
per hectare, or for the five years 6,000 francs or $1,200. But these calculations are based, as will be 
recognized, upon mean numbers, which are probably lower than facts would demand. It will readily be 
seen, then, that in five years a landed property of the value of at least 6,000 francs, or $1,200 a hectare, or 
2J acres per year, can be established upon lands which before were unproductive and of no value. I 
think it can be said, without danger of exaggeration, that there are few, if any, rural occupations which 
in so short a time will give equal results." 

" As to the decrease in price of oysters, consequent upon the increased production of this mollusk, 
there is nothing to fear at pi'esent. Thanks to steam, the oyster can cross our entire continent without 
becoming dry on the way. Our coasts are called upon to answer the demands not only of all France, 
but of other countries. The demands for a long period have been greater than the supply, and we are 
too far as yet from the time when the supply shall equal the demand to include this among the risks." 

In order to encourage experiments in this direction in our waters, we recommend the passage of a 
law which shall give to any one who constructs ponds upon any lands of which he is the lawful occupant 
the exclusive right to all oysters in the pond. ' 

In the chapter on oyster farming we show that these artificial ponds can be used for breeding oysters, 
and can thus be made to supply seed for planting independently of the natural beds. 

The various extracts and illustrations which we have given are surely enough to show to everyone 
the advantage which would accrue to our people if a thorough system of oyster planting could be intro- 
duced among us, and yet so little is this understood that the answer to the question — " What can be done 
to encourage the planting interest?" in the printed list of questions which has been distributed among 
the oystermen by the commission, was, in every case where any answer was given to this question, that 
this interest is already sufliciently provided for, and does not need any encouragement. 

As long as this ignorance of the subject exists little can be done, and while it is easy to perceive that 
the marshy and almost uninhabited shores of our tidewater creeks and inlets are among the most valuable 
lands in the State, and that they will sometime support a numerous and prosperous population of oyster 
planters, it is of course impossible to hasten this by legislation in the absence of a desire to improve the 
opportunity. 

While legislation alone cannot develop a planting industry in our waters, it can do miich to prepare 
for it, so that there shall be no unnecessary obstacles to hinder any one from opening the way. 

Your commissioners have carefully studied the laws of Maryland relating to planting, as well as the 
laws of the States where a planting interest has been developed, and they have thus been led to recom- 
mend a number of changes in the existing law. 

The most serious obstacle is the absence of efiicient protection for planted oysters, as they are exposed 
to the depredations' of both dredgers and tongmen. If private planting grounds could be protected from 
the dredgers, most of this difficulty would be removed, for the tongmen can be reached by the local 
authorities, who will have no difficulty in keeping them under control so soon as public sentiment is in 
favor of so doing. 

The restraint of the dredgers within lawful bounds is a more difficult matter. To secure this we 
recommend in the first place that the boundaries of the grounds open to dredgers be made straight lines 
between prominent head-lands, so that the oyster police shall be able to decide at a distance whether a 
dredging boat is at work on lawful ground or not. We recommend, in the second place, that the area 
which is open to dredgers be divided into districts small enough for one police steamer to thoroughly and 
constantly guard all the boundaries, and we also recommend that a sufficient number of steamers be built 
to supply one for each of these districts. 



81 

These measnres, which are fully set forth in another part .of this report, will, as we believe, thoroughly 
protect planted oysters from depredations by dredgers. 

We also recommend that several important changes be made in the law known as the " five-acre law," 
under which any resident of the State is allowed to appropriate five acres of bottom for oyster planting. 

At present no natural oyster bed can be thus appropriated, and any bottom to which the public 
have been in the habit of resorting for oysters is a " natural bed." As oysters are found in all of our 
waters except the muddy bottoms of the channels, it is doubtful whether there is any place in the State 
which is fit for planting where some one cannot truthfully afiirm that he has at some time gathered 
natural oysters, and as the " natural beds" have never been surveyed or designated by law, this provision 
of the law exposes all planting grounds to the depredations of oystermen. In view of the fact that the 
natural beds are rapidly losing their value, and that a law which allows any resident to cultivate and pre- 
serve and improve five acres of this ground does not give to one person any right which is denied to 
others, we recommend that the five acre law be so changed as to allow any resident to appropriate five 
acres in any bottom which is not already appropriated. 

At present the holders of grounds under this law pay nothing for the right, and they do not hold it 
on any secure tenure, since the Legislature may at any time repeal the law. As we believe that there 
would be a much greater incentive to the investment of labor and capital in oyster planting, if the plant- 
ing grounds were made as much like real estate as possible, we recommend that the State give to each 
person, who holds land under this law, a lease, which shall make it his forever, and which shall subject it 
to all the laws governing real estate ; and we also recommend that in order to obtain this lease, the appli- 
cant be reqnired to purchase the land from the State at $1.00 per acre ; and that any persons, who now hold 
land under the " five-acre law " be given a year to pay this price and obtain leases. 

The present law permits the sale of planting grounds, but no person can hold more than five acres. 
We believe that this artificial limitation is disadvantageous, and that the owner of an oyster-planting 
ground should be allowed to sell them as freely as he can sell his lands above water, and that a person 
who already holds five acres should be permitted to buy or to inherit any other ground which has been 
lawfully leased from the State ; but while we believe that the five-acre limitation is disadvantageous, we 
do not recommend its repeal at present, as it is a matter which can safely be left to future consideration. 

In some of the States where grounds are held for private planting they are taxed like real estate, 
and the propriety of this measure cannot be questioned, as the holder of a valuable franchise should 
surely pay for protection in the enjoyment of his rights. We believe, however, that the fostering of the 
planting industry is of more importance than an immediate revenue to the State, and we therefore make 
no recommendation regarding the taxation of private oyster ground, although we wish to call attention 
to the propriety and importance of such action in the future. 



82 

CHAPTER VII. 

Oyster Farming. , 

description of a natural bed. 

An examination of a Coast Survey chart of any part of the Chesapeake Bay or of any of its trib- 
utaries will show that there is usually a mid-channel or line of deep water, where the bottom is gen- 
erally soft and where no oysters are met with, and on each side of this, an area where the bottom is 
hard, running from the edge of the channel to the shore. This hard strip is the oyster area. It varies 
in width from a few yards to several miles, and the depth of water varies upon it from a few feet to 
five or six fathoms, or even more. But there is usually a sudden fall at the edge of the channel where 
the oysters stop, and we pass onto hard bottom ; and a cross-section of the channel would show a hard, 
flat plane, with oysters, on each side of the deep, muddy channel. The oyster bottom is pretty con- 
tinuous, except' opposite the mouth of a tributary, where it is cut across by a deep, muddy channel. 
The solid oyster rocks are usually situated along the outer edge of this plateau, although in many 
cases they are found over its whole width nearly up to low-tide mark, or beyond. As we pass south 
along the bays and sounds of Virginia and North Carolina, we find that the hard borders of the chan- 
nel come nearer and nearer to the surface, until in the lower part of Worth Carolina there is on each 
side of the channel a wide strip of hard bottom, which is bare at low tide and covered with oysters up 
to high-water mark, although the oysters are most abundant and largest at the edge of the deep water, 
where they form a well-defined reef. In our own waters there is usually a strip along the shore where 
no oysters are found, as the depth of water is not great enough to protect them in -winter. The whole 
of the hard belt is not uniformly covered with oysters, but it is divided up into separate oyster rocks, 
between which comparatively few can be found. 

The boundaries of a natural rock which has not been changed by dredging, are usually well 
defined, and few oysters are to be found beyond its limits. The oysters are crowded together so 
closely that they cannot lie flat but grow vertically upwards, side by side. They are long and narrow, 
are fastened together in clusters, and are known as "coon oysters." 

When such a bed is carefully examined it will be found that most of the rock is made up of 
empty shells, and a little examination will show that the crowding is so great that the growth of one 
oyster prevents adjacent ones from opening their shells, and thus crowds them out and exterminates 
them. Examination shows, too, that nearly every one of the living oysters is fastened to the open or 
free end of a dead shell which has thus been crowded to death, and it is not at all unusual to find a 
pile of five or six shells thus united, showing that number two had fastened, when small, to the open 
end of number one, thus raising itself a little above the crowd. After number one was killed number 
two continued to grow, and number three fastened itself to its shell, and so on. Usually the oysters 
upon such a bed are small, but in some places shells twelve or fourteen inches long are met with. 
The most significant characteristic of a bed of this kind is the sharj^ness of its boundaries. In regions 
where the oysters are never disturbed by man it is not unusual to find a hard bottom extending along 
the edge of the shore for miles and divided up into a number of oyster rocks, where the oysters are so 
thick that most of them are crowded out and die long before they are full-grown, and between these 
beds are areas where not a single oyster can be found. The intervening area is perfectly adapted for 



the oyster, and when a few bushels of shells are scattered upon it they are soon covered with youno-, 
and in a year or two a new oyster rock is established upon them, but when they are left to themselves 
the rocks remain sharply defined. What is the reason for this sharp limitation of a natural bed? 
Those who know the oyster only in its adult condition may believe that it is due to the absence of 
powers of locomotion and may hold that the young oysters grew up among the old ones, just as youno- 
oak trees grow up where the acorns fall from the branches. This cannot be the true explanation, for 
the young oysters are swimming animals, and they are discharged into the water in countless numbers, 
to be swept away to great distances by the currents. As they are too small to be seen at this time 
without a microscope it is impossible to trace their wanderings directly, but it is possible to show 
indirectly that they are carried to great distances, and that the water for miles around the natural bed 
is full of them. They serve as food for other marine animals, and when the contents of the stomachs 
of these animals are carefully examined with a microscope the shells of the little oysters are often 
found in abundance. While examining the contents of the stomach of lingula in this way I have 
found hundreds of the shells of the young oysters in the swimming stage of growth, although the 
specimens of lingula were captured several miles from the nearest oyster bed. As lingula is a fixed 
auimal the oysters must have been brought to the spot where the specimens were found, and as lin- 
gula has no means of capturing its food, and subsists upon what is swept within its reach by the 
M'ater, the presence of so many inside its stomach shows that the water must have contained great 
numbers of them. 

It is clear then that the sharp limitation of the area of a natural oyster bed is not due to the ab- 
sence in the young of the power to reach distant points. There is another proof of this, which is 
familiar to all oystermen — the possibility of establishing new beds without transplanting any oysters. 
The following illustration of this was observed by one of your commissioners. On part of a large 
mud flat which was bare at low tide there were no oysters, although there was a natural bed upon the 
same flats, about half a mile away. 

A wharf was built from high tide mark across the flat out to the edge of the channel, and the 
shells of all the oysters which were consumed in the house were thrown onto the mud alongside the 
wharf. 

In the third summer the flat in the vicinity of the wharf had become converted into an oyster 
bed, with a few medium-sized oysters and very great numbers of young, and the bottom, which had 
been rather soft, had become quite hard; in fact, the spot presented all the characteristics of a natural 
bed. 

Changes of this sort are a matter of familiar experience, and it is plain that something else be- 
sides the absence in the oyster of locomotive power determines the size and position of a bed. 

Now what is this something else? 

If the planting of dead shells will build up a new bed, may we not conclude that a natural bed 
tends to retain its position and size because the shells are there? 

This conclusion may not seem to be very impoi-tant, but I hope to shoAV that it is really of funda- 
mental importance and is essential to a correct conception of the oyster problem. 

Why should the presence of shells, which are dead and have no power to multijily, have anything 
to do with the perpetuation of a bed ? 

We have already called attention to the fact that oysters are found on the hard bottom on each 
side of the channel, while they are not found in the soft mud of the channel itself, and it may at first 
seem as if there were some direct connection between a hard bottom and the presence of oysters, but 
the fact that no oysters are found upon the hard, firm sand of the ocean beach, shows that this is not 
the case. As a matter of fact, they thrive best upon a soft bottom. They feed upon the floating or- 
ganic matter which ia brought to them by the water, and this food is most abundant where the watei;" 



84 

flows in a strong current over soft organic mud. When the bottom is hard there is little food, and 
this little is not favorably placed for diffusion by the water, while the water which flows over soft mud 
is rich in food. 

The young oysters which settle upon or near a soft bottom are therefore most favorably placed 
for procuring food, but the young oyster is very small — so small that a layer of mud as deep as the 
thickness of a sheet of paper would smother and destroy it. 

Hence the young oysters have the habit of fastening themselves to solid bodies, such as shells, 
rocks or piles, or floating bushes, and they are enabled to profit by the soft bottoms without danger. 

Owing to the peculiar shape of an oyster shell,' some portions usally project above the mud long 
after most of it is buried, and its rough surface furnishes an excellent basis for attachment. It forms 
one of the very best supports for the young, and a little swimming oyster is especially fortunate if it 
finds a clean shell to adhere to when it is ready to settle down for life. Then, too, the decaying and 
crumbling shells are gradually dissolved in the sea water, and thus furnish the lime which the grow- 
ing oyster needs to build up its own shell. As long as the shell is soft and thin the danger from 
enemies is very great, and this danger is greatly diminished as soon as the shell becomes thick enough 
to resist attack. It is, therefore, very necessary that the shell should be built up as rapidly as 
possible, and an abundant supply of food in general will be of no advantage, unless the supply of lime 
is great enough for the growth of the shell to keep pace with the growth of the body. All sea water 
contains lime in solution, but the percentage is, of course, greatest near the sources of supply. It is 
well known that on coral reefs, which are entirely made of lime, all kinds of shelled molluscs flourish 
in unusual abundance, and have very strong and massive shells; and our common land and fresh- 
water snails are much larger and more abundant in a limestone region than in one where the supply 
of lime is scanty. In such regions it is not unusual to find the snails gathered around old decaying 
bones, to which they have been drawn in order to obtain a supply of lime for their shells. 

From all these causes combined it results that a young oyster which settles upon a natural oyster 
bed has a much better chance of survival than one which settles anywhere else, and a natural bed thus 
tends to perpetuate itself and to persist as a definite, well-defined area; but there is still another rea- 
son. As the flood-tide rushes up the channels it stirs up the fine mud which has been deposited in 
the deep water. The mud is swept up onto the shallows along the shore, and if these are level much 
of the sediment settles there. If, however, the flat is covered by groups of oysters, the ebbing tide 
does not flow off in an even sheet, but is broken up into thousands of small channels, through which 
the sediment flows down, to be swept out to sea. 

The oyster bed thus tends to keep itself clean, and for these various reasons it follows that the 
more firmly established an oyster bed is the better is its chance of perpetuation, since the young spat 
finds more favorable conditions where there are oysters, or at least shells, already, than it finds any- 
where else. 

'Now, what is the practical importance of this description of a natural bed? 

It is this : Since a natural bed tends to remain permanent, because of the presence of oyster 
shells, the shelling of bottoms where there are no oysters fixrnishes us with a means of establishing 
new beds or of increasing the area of the old ones. 

The oyster dredgers state, with perfect truth, that by breaking up the crowded clusters of oysters 
and by scattering the shells, the use of the dredge tends to enlarge the oyster beds. The sketch 
which we have just given shows the truth of this claim, but this is a very rough and crude way 
of accomplishing this end, and we shall devote the rest of this chapter to a description of the means 
which have been employed, in different places, to accomplish the same result more efliciently and 
p.iethodically. 



EXPLANATION OF PLATE V. 

FiGtTKE 1. — CrosB-section ; and 

FiGUEK 2. — Bird's-eye view of two rows of artificial ponds for rearing and fattening oysters ; from 
" Fraiche's Guide Practique de L'Ostreienlteur." Two of the ponds are shown in sections at C C, the 
one dug into the bank and the other on the same level but nearer the open water. The sides or slopes of 
the former, B B, consist of a facing of rough stones, cemented together; while the sides of the latter, B' 
B', are thick stone walls. V V, Sluices and gates for the admission of water from the sea. V, Sluices 
and gate between two of the ponds, to allow the entrance of water into one, only after it has remained for a 
certain time in the other, or to establish the same level in both. S, Basin for the deposition of the sedi- 
ment contained in the sea water which enters through the gate V". It can also be used as a supply reser- 
voir. T T, Canal through which the water enters from the sea 

Figure 3 and Figure 4. — Frames for supporting tile collectors. 

Figure 5. — Bundle of tiles fastened to a stake for collecting spat upon muddy bottom. 

Figure 6. — Pincers for cutting up the tiles in order to separate the oysters from each other, for 
planting. 

(Figures 3, 4, 5 and 6 are from Hausser's Keport on "L'Industrie Huitiere dans le Morbihan.") 

Figure 7. — Frames for use in the box collector shown in plate XIII. 

(We are iudebteil tn Prof. S. F. Baird. Siiperinteurleiit r. S. Fi^li Commissiou, for tiii> iisp ..!' Uio lijun'S in tliis plflle.l 



REPOKT MARYLAND OYSTER COMMISSIOl^. 



PLATE V 





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85 



ON OYSTER FARMING. 



"Within recent years, much attention has been given to the possibility of increasing the suppl}' ot 
oysters by artilicial means. 

The oyster is well Icnown to be enormously prolific, a single one giving birth, in one season, to 
many million young; and it is obvious that the annual supply would be enormously increased if all 
the young whisch are born could be reared to maturity. 

Unfortunately this is not the case, and under a state of nature millions of oysters are born for 
each one whicn grows to maturity. Mobius has shown that in Europe each oyster which is born has 
only one chance in one million one hundred and forty-five thousand of reaching maturity ; and one of 
your commissioners has shown that the chances oJ" each American oyster are very much less. 

One of the most important discoveries of the last fifty years is, that it is quite possible to save 
many of these oysters by artificial means; and experiments which have been carried on in France, as 
well as in many parts of our own country, prove that this can be done, successfully and economically, 
on a very large scale. 

Soon after it is born the young oyster fastens itself to some solid body. It is at first so small 
that it is smothered and killed at once if it falls upon a muddj' or slimy bottom, and its only chance 
for life is in the discovery of some perfectly clean, hard body upon which to fasten. Many young 
oysters are killed by accidents or enemies after they have fastened themselves, but by far the greater 
number perish through failure to find proper places for attachment; and the whole secret of oyster 
culture is to furnish proper bodies for the attachment of the young. 

Many methods of doing this have been devised and employed; and the possibility of in this 
way increasing the area and value of the natural beds, and of building up new beds, or restoring old 
ones, has been proven. 

As this is by far the most important aspect of the oyster problem, we shall devote considerable 
space to the history of these experiments, and to a description of the means and apparatus which 
have been employed for the purpose. 

Although the development of this industry on a large scale is quite modern, seed oj'sters for 
planting have been raised upon a small scale in Italy for more than a thousand years, by a method 
which is thus described by a recent French writer, (Guide Pratique de L'Ostreiculteur, par M. Felix 
Fraiche, translated by II. J. Rice for the Report of the United States Fish Commission for 1880.) 

"About the beginning of the seventh century a Roman knight, Sergius Orata, undertook the 
artificial breeding of oysters in the waters of Lake Lucrin, the Avern of poets. Historical docu- 
ments prove incontestably the existence of this establishment of oyster culture, and Pliny informs 
us that the enterprise was very successful, and its author in a short time became very rich. The 
methods followed, and probably invented, by Orata have been perpetuated to our day upon the banks 
of Lake Fusaro, a small salt-water lake, about a league in circumference, situated in the neighborhood 
of Cape Misene, near the ruins of Cumes, which has been poetized by Virgil under the name of 
Acheron. Upon the blackish mud, which covers the volcanic soil of this basin to a depth of from one 
to two meters, the fishermen have constructed here and there artificial rockeries formed of rough 
stones gathered together and thrown into heaps sufficiently elevated to be protected from deposits of 
mud or slime. Upon these rocks oysters taken from the sea were deposited, to form an artificial 
planting ground for all time, except, as is well understood, in tKe~case of accidental mortality, such 
as has been occasioned by volcanic eruptions, wdiich have sometimes necessitated their renewal. Each 
rockery is surrounded by a circle of stakes, which are fastened in the bottom of the lake by one end, 
while the other extends up out of the water so that they can be seen and removed when necessary. 
Often these stakes are united by a cord passing from one to another, and to which is suspended, 
between each two stakes, a small bundle of twigs, floating in the water a short distar.ce from the 
12 



bottom. These, together with boats, tools, and a storehouse, constitute the entire apparatus used for 
oyster culture at Fusaro, and such is the apparatus which common experience has found to be invari- 
ably efficacious. At the spawning season the oysters deposited upon the artiticially formed rockeries, 
and living there as if in the open sea, allow the myriads of germs to which each gives birth to escape, 
as an animated cloud of dust-like particles, which, finding close at hand suitable materials for their 
attachment, become located there almost as a mass, beside the mother oysters. An insignificant por- 
tion only of these young oysters are lost, either by being carried away by the current of the water, 
or by being buried in the mud of the bottom. The colony is thus continually increasing in size by 
the annual deposit of new germs, which develop under favorable conditions of shelter, light, and 
temperature. AVhen the fishing season arrives the owners or leasers of these artificial baidvs take up 
the stakes and bundles of fagots, select without any trouble from among the oysters which cover 
them those of a. suitable size for the market, and then replace the stakes, &c.; the remaining oysters 
continue their growth, and the vacant places become filled another season with a new lot. The indus- 
try at Lake Fusaro, which has prospered for centuries, emploj's, as can be readily seen, only methods 
of great simplicity — probably the same as were used by Sergius Oi'ata — and it teaches for our benefit, 
that by careful and skillful management, aided by suitable means of collecting the spawn of the 
oyster, all of which is neither difficult nor expensive, one can indefinitely multiply this bivalve, while 
the processes employed by us at present lead only to the ruin of our naturally excellent beds." 

The oyster farms of Lake Fusaro are shown in Plate VI, figure 1, and the methods of collecting 
spat, which have been employed there for nearly two thousand years, are shown in Plate XU, figures 
1 and 2. 

The great antiquity of this method of rearing oysters has been proved by the discovery of a few 
very interesting ancient Roman pictures of the industry, which are thus described by a famous French 
oyster cultivator, Coste, (Voyage d' Exploration sur le litteral de la France et de I'ltalic, par M. Coste, 
translated in the report of the United States Fish Commission for 18S0.) 

"I said at the commencement of this work that the industry of Lake Fusaro was known to the 
ancients, and that probably Sergius Grata was the inventor; there are two historical monuments 
which prove that it began, probably, in the time of Augustus, or, as Pliny says, at the time of the 
orator Crassus, before the war of the Marses. These monuments consist of two funereal vases of 
glass, discovered, the one in Pouille, the other in the environs of Rome. They have the shape of 
antique bottles, with large bodies and long necks, and are covered on the outside with designs in per- 
spective, in which, notwithstanding their crude representation, we recognize fish ponds adjoining 
edifices, and communicating with the sea by arcades. However, if we should entertain doubts of their 
purpose and meaning, the inscription which accompanies them would fully explain their character. 
We read upon the vase from Apulia, illustrated by Sestina: Stagnum Palatium (a name sometimes 
given to a villa upon the banks of Lake Lncrin, owned by Nero), and lower down: Ostrearia. 
The other vase, which is preserved in the Borgia Museum at Rome (at the present time that of the 
Propaganda), and of which M. G. B. de Rossi has given an excellent interpretation, bears the fol- 
lowing words, written under the objects designed: Stagnum, ISTeronis, Ostrearia, Stagnum, Sylva, 
Baia, which plainly shows that the figures have been drawn from edifices, and from places of the famous 
shore of Baia and Pozzuolo." 

"What is most striking in the view of the fish-ponds represented upon these funereal vases is the 
disposition of the stakes crossing one another in divers directions, and arranged in circles, stakes which 
were evidently there only to receive and protect the progeny of the oysters." 

Although these Italian breeding grounds are so very old, no extension or development of the 
industry seems to have been attempted until about fifty years ago, when some unknown fisherman, in 



• 87 

the East River, in New York, began practical experiments in this line. The famous French naturalist, 
Coste, soon after began his investigations and experiments in France. 

The East River methods, which have resulted in the American s^^stem of oyster farming as it 
exists in Long Island Sound and on the South Shore of Long Island, will be noticed soon. 

Coste's experiments have led to the development of the French system of oyster farming, and they 
are so interesting and instructive that they should be made known to our people. 

In Coste's report for 1858, he states that out of twenty-three natural beds which formerly constituted 
a great source of wealth, eighteen had been completely dcstro^'cd, while the remaining beds had been 
so impoverished that they no longer yielded enough oysters for planting. In another locality, where 
thirteen valuable beds formerly furnished employment for two hundred vessels and fourteen hundred 
men for six months in each year, and yielded an annual harvest valued at $60,000 to $80,000, only 
three beds remained, and these were so depleted that twenty boats could in a few days carry away 
all the oysters. 

In March and April, 1858, Coste, with the aid of two government vessels, began the work of 
replenishing these exhausted beds on the coast of France. An area was selected where valuable beds 
had been destroyed by dredging. These beds were so completely destroyed that there were not 
enough oysters to supply spat, and six long beds of oysters were accordingly planted and buoyed out. 
The bottom around these beds was then thoroughly planted with the shells of oysters and other 
molluscs. Bundles of twigs, six to ten feet long, wei-e then fastened by stone anchors a foot above the 
bottom, to serve as spat collectors. Six mouths later these bixndles were found to be completely cov- 
ered with spat, and 20,000 young were counted upon one bundle. The method of using these bundles 
is shown in Plate XI, figure 1. 

Two government farms were then established with a force of 112 persons; and an area of nearly 
1,000 acres of exhausted land was stocked in same way. In 1863, during six tides, and upon only one- 
half of the restocked lands, 16,000,000 oysters were taken. Land was then ceded by the government 
to individuals, to be cultivated in the same way, and one area of 492 acres was in a few years stocked 
with oysters valued at $8,000,000. 

The following extrasts from the translations which have been published by the United States 
Fish Commission, of Coste's official reports, give a very interesting account of the history of the 
undertaking: 

"1. — Report to His Majesty the Emperor on the Condition of the Oyster Bods Along the 
Coasts of France, and on the Necessity of Restocking Them." 

"Paris, February 5, 18.5S." 

"&■)•£.• The domain of the sea, like the eavth, may be cultivated; but this domain being public 
property, to the Govenmient belongs the duty of applying such methods as sicience has demonstated 
to be the most suitable for the execution of so grand a scheme, and then leaving to its grateful citizens 
the harvests which have been prepared by its care." 

"I have, therefore, the honor to submit to your Majesty, according to command, the various plans 
which promise to promote the success of this useful innovation. I will commence with those which 
relate to the multiplication of oysters on the shores of France." 

" The oyster trade has already fallen into such a state of decadence that, unless a prompt remedy • 
be at once applied, the source of production will soon be utterly exhausted." 

"At La Rochelle, Marennes, Rochfort, and in the isles of Re and Oleron, out of the 23 beds 
lately forming one source of wealth of that portion of our shores, 18 are completely destroyed, while 



the others, still famishing a small supply, are seriously injured by the growing invasion of mussels. 
The cultivators also in these regions, not being able to tind sufficient oysters to stock their ponds and 
claires for greening or perfecting, are obliged to seek them at great expense as far oif as the shores of 
Brittany without being able to supply the demand." 

"The bay of Saint-Brieuc, so admirably and so naturally adapted to the reproduction of the 
oyster, and which on its clean, hard bottom formerly contained no less than 15 beds which were 
continuously dredged, has to-day but 3, from which 20 boats could in a few days carry off the last 
shell, while in the period of its prosperity more than 200 barks, manned by 1,100 men, were annually 
employed in the business from the 1st of October to the Ist of April, and realized from it between 
300,000 and 400,000 francs." 

" In the harbor of Brest and at the mouths of the rivers of Brittany the decadence has not been 
so great, because these fertile spots have not been subjected to such constant dredging. But inasmuch 
as our own fishermen are now compelled to resort to these beds, they, like our own, will soon become 
exhausted." 

• "At Cancale and at Granville, which are historic grounds for the multiplication of oysters, it is 
only by good management that they succeed, not in increasing the supply, but in preventing its de- 
cline. While this important trade is steadily declining, or remaining stationary, the increased facili- 
ties of communication between the sea-board and the interior as steadily augment the demand for 
these marine articles of food. These products, made costly by scarcity, now bring in our markets 
fabulous prices, and the inhabitants of the coast, consulting only their immediate wants, and looking 
only to the present hour, commit depredations which, in the near future, will aggravate their dis- 
tress." 

"Now, Your Majesty, there is for this deplorable state of things a remedy, easy of application, 
certain to succeed, and Avhich Avill furnish an incalculable wealth of ^ood for the public. This 
remedy consists in undertaking, at the expense of the government, under the direction of the admin- 
istration of the marine and by means of its vessels, the stocking of the shores of France so as to re- 
store the ruined beds, to revive those which are declining, to protect those which are prosperous, and 
to create new ones wherever the nature of the bottom is suitable. And when by this generous policy 
these marine fields shall once more become productive, the dredging may be placed under such re- 
strictions that while certain fields are being operated others may lie in repose; a plan which, for a 
century, has kept the bays of Cancale and Granville from the destruction which injurious dredging 
has caused everywhere else." 

"To give a striking example of the method in which these" operations of restocking and of crea- 
ting new beds ought to be conducted, and of the immense results which may be obtained, I have the 
honor to recommend to Your Majesty's government that the bay of Saint-Brieuc be set apart for this 
purpose. There the experiment may be undertaken in a restricted space, supervision will be easy, and 
in less than six months a fair estimate could be made of the expected results, as from a tree in blossom, 
provided the artificial beds are planted in March or April, that is, before the spawning season." 

" The sum of 6,000 or 8,000 francs, placed at the disposal of the commissary of the marine, in 
that quarter, would suffice for the purchase of the oysters required for stocking the bay. These 
oysters should be caught in the open sea, and, if possible, carried immediately by a government 
steamer to the grounds naturally fitted for them. But, when they are unable to collect enough in one 
day to complete a cargo, they may store them temporarily near Plevenon, a dependency of Saint- 
•Brieuc, in charge of two custom-houses found there, so as not to start them from this provisional stor- 
age to the places where they are to remain before they have a full load." 

"With the aid of this simple means, and at a relatively insignificant cost, it will be possible in a 
few years, if proper precautions be adopted, to realize a considerable revenue in the bay of Saint 
Brieuc alone." 



89 

"2 — Report to His Majesty the Emperor on the artificial oyster beds created in the Bay 

OF Saint Brieuc." 

"Paris, January 12, 1859." 

'■^Sire: Subsequent to the report in which in February last, I had the honor to submit conclu- 
sions for your acceptance, Yonr Majesty, desirous of testing the conclusions I had arrived at, and of 
ascertaining decisively whether the promises held out by science in regard to the cultivation of marine 
products could be realized, ordered that the Gulf of Saint-Brieuc be made the theater of the first 
experiment of oyster culture by the gove*ment, executed by means of its vessels, conlided to the 
keeping of its navy, and destined, in case of success, to serve as a model for the creation along the 
coasts of France of a vast submarine industry, alike profitable in developing the navy and enhancing 
the prosperity of the coast inhabitants." 

" The harbor selected for the accoiliplishment of this undertaking has a solid bottom, naturally 
clean, composed of shells or coral, thinly covered with marl or mud, with scattered eel grass {paillcul,) 
covering an area of 12,000 hectares everywhere adapted to the sojourn of the parent oysters. The current, 
which at each tide sets from northwest to southwest and from southwest to northwest, at the rate of 
one league per hour, brings in fresh waters continually, carries off all unhealthy deposits, and gains 
by rushing upon the rock-bound coast all the vivifying properties which such constant aeration com- 
municates to it." 

" The excellent bottom, the active nature of the limpid waters which cover it, unite, then over 
this immense submarine domain all the conditions favorable to the multiplication and development of 
this article of food, which I propose to introduce there, and the products of which we are endeavoring 
to transform into an inexhaustible annual harvest." 

" But while in its work of intervention and conquest science recommended this as an enterprise 
of great public benefit, empiricism and old fogyism condemned it in advance as rash and visionary. 
It is only necessary, sire, to recall the various obstacles which had to be overcome, and the amount of 
perseverance required for the realization of a scheme, the marvelous results of which I already have 
the honor to make known to Your Majesty; a scheme which aimed to retain on the spawning beds, 
by means of a simple device, the seed which in a state of nature is dispersed by the currents, and to 
create sources of wealth wherever the bottoms are not subject to the invasion of mud." 

"No region along our coast ofiered at the same time so vast and so appropriate a theater for 
drawing public attention to the solution of this double problem; for the bottoms are undisturbed, 
though the currents rush over them at times with such violence that superficial thinkers prejudo-ed 
this to be an inevitable cause of failure. Everything there depended on a triumph of art over nature, 
for it was necessary not only that material for various provinces should be transplanted to a foreign 
land, but also that the progeny of this exiled population be protected from the perturbation of the 
waters." 

"It will not be out of place, sire, for the honor of science, to state here in detail how the dominion 
of the sea is made accessible to industry, for, in providing new methods applicable to the business, it 
creates, for its abstract studies, instruments of investigation which extend its range to regions yet 
unexplored." 

" The planting of the reproductive oysters, opened in the montli of March, closed under my 
supervision towards the end of April. In this brief period 8,000,000 of individuals, some taken in 
the high seas, others at Cancale, and others from Trequier, were distributed over ten long beds, situ- 
ated in ten difterent parts of the gulf, and together representing an area of 1,000 hectares; beds previ- 
ously traced on a marine map, indicating the productive fields, and provided with signals intended to 
facililate the movements of the vessels engaged in the stocking. But in order that the planting should 
be done with the regularity of a practical farmer, and that the mother oysters should be sufficiently 



90 

separated so as not to interfere with each other, a government steam vessel, first the Ariel and then the 
Antelope, towing the launches, and a hasquine filled with oysters, would make alternate trips to either 
extremity of the line, where a small boat, placed crosswise, designated the spot upon which operations 
should begin. Then, steaming to the other end, designated by another boat, it would go around this in 
following the long axis of the rectangular space designated by the flag signals, and return to the starting 
point, like a plow which makes two parallel furrows in a field." 

" While our tow-boat was thus engaged, the sailors belonging to it were placed on board the accom- 
panying launches and employed in emptying the hampers, ^ed with oysters, which they had previously 
arranged in rows along the decks, and as they were gradually thrown overboard they sank to the bottom 
and spread themselves over the surface intended to become stocked by their seed. To insure the success 
of the work, it was not only necessary that the oysters should be planted under the conditions most 
favorable to their propagation, but also to build around and abo.ve them efiicient means of securing the 
progeny and of compelling it to fix itself on the beds where it had commenced to spread ; for the plant- 
ing took place at the time of the first spawning." 

" This second end, which transforms the gulf planted into a species of submarine farm, undergoing 
the various processes of rational cultivation, has been accomplished by means of two contrivances, the 
sihiultaneous employment of which has already furnished immense results, and which, in the near future, 
will permit the increase of the supply to any extent that may be desired, provided propagation keeps 
pace with the demand." 

" One of the contrivances consists in covering the productive bottom with oyster or other kinds of 
shells, so that every single embryo that sinks shall find a solid body to which it may cling. The shells 
which we used for this purpose were gathered on the beach at Cancale, by order of M. de Bon, chief of the 
maritime service at Saint Servan, who was kind enough to lend us his assistance, and were brought to the 
gulf by a special convoy of fishing smacks, and scattered over the artificial beds in my presence. These 
shells, however useless, which must be cleared away from the beach at great expense every year, so that 
they may not encumber it, if carefully preserved hereafter, will become, after drying, valuable instruments 
of culture." 

" The second appliance, which is designed to secure the embryos carried away by the currents, and 
to receive them on solid bodies placed under the tide-whirls, which do not extend to their depths, consists 
of long lines of small bundles, placed crosswise like intersecting bars, from one end to the other of each 
bed. These bundles, perfect collectors of seed, formed of branches from two to three metres in length, 
tied in the centre by means of a rope to a stone, which holds them thirty or forty centimetres above the 
bottom, were put in position by men wearing cork jackets, who were instructed to place around each 
stone a few oysters about to spawn. The rope, which the haste of the first experiment made it necessary 
to use for anchoring this apparatus, will, of course, soon rot, and it may be necessary to replace it in 
future by chains made of galvanized iron, which can be constructed in our arsenal shops, and which will 
form a part of the permanent outfit of this new culture." 

" Bearings, carefully taken, form, on special charts well plotted, the means of identifying the points 
where each line is sunken, so that there will be no difficulty in finding each one, in succession, of raising 
the bundles and removing the crop of oysters, as easily as the farmer gathers the fruits from his trees." 

" Two government vessels, the Pulvier and the Eivel, stationed at opposite points in the gulf, one at 
Portrieux, the other at Dahouet, visit each day the artificial beds, while a small cutter, which was con- 
structed by your Majesty's orders, at my request, steams up the gulf and helps to complete the surveil- 
lance, besides rendering other necessary assistance in carrying on the work. This little cutter, which is 
almost indispensable in the enterprise, should be placed under the immediate orders of M., the commis- 
sary of the marine at Saint-Brieuc, so that my daily instructions can be promptly executed by a force 
selected by that agent of the administration. I think, sire, that it is my duty to insist that this essential 
part of the programme be not forgotten." 



91 

" These, sire, are the initiative means which have been adopted for the fertilization of the gulf. 
Hardly six months have elapsed since they were put into execution, and already the promises which were 
held out by science have become startling realities. The treasures accumulated by the persevering appli- 
cation of these methods in these fully developed fields exceed the most sanguine expectations. The 
mother oysters, the shells which were scattered over the bottom, in fact everything brought to the surface 
by the dredge, is covered with spat ; the beach itself is thick with them. Never at Cancale or Granville, 
in the eras of their greatest prosperity, was such a spectacle of immense reproduction witnessed." 

" The bundles bear in their branches and on their smallest twigs bouquets of oysters in such profu- 
sion that they resemble the limbs of our fruit trees, which, in spring, are hidden by the profusion of their 
blossoms. They look like veritable petrifactions. To believe such wonders it is necessary to be an eye- 
witness of them." 

(One of these branches, with the young oysters upon it, is shown in Plate XI, figure 1, of this 
report. The figure is a copy of one which accompanied Coste's original report, from which these passages 
are quoted.) 

" In order that your Majesty may judge with your own eyes of the extent of these treasures, I 
caused to be transported to Paris one of these appliances for collecting the spat, together with specimens 
taken from the several beds. These will testify eloquently in behalf of our successful efforts. The young 
oysters which cover them are already from two to three centimetres in lengtli. They are simply the seed 
which, in eighteen months, will ripen and yield an immense harvest. On one bundle alone, occupying 
no more space in the waters than a sheaf of wheat in a field, as many as 20,000 were found. Now 20,000 
oysters, when they are of edible size, represent in value 400 francs, the current price being 20 francs per 
thousand on the spot. The revenue from this industry will therefore be immense, since one may put 
down as many spat collectors as he wishes, and since each adult individual forming part of the bed will 
furnish not less than 2,000,000 to 3,000,000 embryos. The bay of Saint-Brieuc will become in this way 
a perfect storehouse if, by the junctions of beds already formed, we convert the whole area into a vast 
productive field." 

"All the arrangements necessary for the accomplishment of this great scheme can be promptly 
executed, sire, if the prosecution of it be entrusted to those from whose intelligent zeal I have received 
so much aid up to this time. The experience which they have acquired in these first operations is a guar- 
antee that what remains to be done will be brought to a successful issue. 

" I therefore hope that in order that I may retain the indispensable assistance of two fellow-workmen, 
your Majesty will deign to reward their zeal, and appoint from the list of oflicers M. Levicaire, chevalier 
of the Legion of Honor, and wearing the medal of Saint Helene, who unites with the best record thirty- 
nine years of excellent service, and ought to be raised to the rank of commissary of marine at Saint- 
Brieuc; and that M. Bidaut, lieutenant in the navy, a chevalier of the Legion of Honor, with nineteen 
years of excellent service to his credit, will be kept in command of the Pluvier, with all his crew, beyond 
the ordinary period, that is to say, until the scheme that we are now engaged in be entirely accomplished." 

" With the assistance of these two distinguished ofiicers and the aid of an inspector of fisheries, whose 
appointment should be immediate, so that the bay of Saint-Brieuc may be placed on the same footing 
with Cancale, Granville and Marennes, we hope in less than three years to unite all beds, and have the 
whole surface of 12,000 hectares under full cultivation. An annual appropriation of 10,000 francs will 
BufiBce to carry on the work of clearing out the bottoms, buying supplies of seed oysters, gathering shells, 
repairing the structures for holding the embryos, organizing other beds of acclimatization like the one 
already established at Plevenon, and for the creation of perfecting-cZa^Ves, where the fattaned oysters are 
improved by becoming green. When this project is accomplished, the inhabitants of the seaboard will 
find in the gulf, as in a very productive field, an inexhaustible supply provided by generous foresight, and 
will witness on the shores an example of the different methods and practices connected with the oyster 
industry. It will prove at the same time a lesson and agreat benefit." 



92 

" If your Majesty consent to this proposition I shall immediately transmit to the commissary of the 
marine at Saint-Brieuc, and to the commander of the Pluvier, all the instructions necessary in executing 
these delicate operations. But to preserve our artificial beds one more measure must be brought into 
requisition : To order the dredgers to obtain their supplies at greater distances from the beds, where they 
may rake the bottom without injuring an enterprise commenced under such happy auspices." 

" To sum up, sire, the experiment made in the bay of Saint-Brieuc has been attended with such deci- 
sive success that the lessons it teaches cannot be ignored. It proves, by splendid result, that whenever 
the bottoms are free from mud and slime, industry, guided by science, may reap from the depths of the 
sea, fertilized by its care, more abundant harvests than can be obtained from the earth. I deem it, there- 
fore, my duty to recommend that your Majesty order the immediate restocking of all our seacoasts, that 
of the Mediterranean as well as of the ocean itself; that of Algeria and of Corsica, not excepting all the 
Bait lakes found in Southern France, the fruits of which, by multiplying, will become a source of wealth 
to the poor people who inhabit the shores. But, in order that these operations may be successful, it is 
necessary that a swift propeller of light draught should be built and devoted exclusively to this service; 
which vessel, during the spawning season, should be subject to my orders, so that I may visit all the cen- 
tres of these great phenomena of natural reprodaction, where science promises to industry precious revela- 
tions." 

" Captain Isidore Le^Koy, known to the government by his studies upon the fisheries, a pilot expe- 
rienced in the waters which are to be the scene of our work, well qualified in mechanical arts, and officially 
recommended for the surveillance of the first and second naval districts, could render me much aid if he were 
invested with the command of this vessel, heretofore mentioned as necessary to the execution of our plans ; 
and in case your Majesty sees fit to appoint him my coadjutor he should at once report at the College of 
France, there to be instructed, under my direction, in all that pertains to the cultivation of marine pro- 
ducts." 

" Among the measures to be taken for the accomplishment of this object, there are, sire, some which 
experience has already demonstrated to be eflicacious, and which, by their immediate application, will 
produce certain results. But, besides these known facts, there are mysteries which persevering study 
alone can reveal, and which should be made the object of serious investigation. It will then be necessary 
to open along our shores vast laboratories, where scientific experiments may be performed, which will 
furnish new means for the extension of empire of industry. The saline lakes of Southern France, the 
bays of the ocean, those of Algeria, of Corsica, &c., ofler the best opportunities for organizing great dis- 
tricts to be gradually transformed, at yonr Majesty's desire, into supply centres for the seeding and 
cultivation of the sea." 

" The diflTerent edible species admitted by turns into those zoological gardens, so to speak, would be, 
like the animals in our stalls or in our parks, under the observant eye of those charged with the duty of 
studying their laws of propagation and of development, investigators placed there as a branch of my 
laboratory of the College of France. It will then be necessary to enlarge the study rooms and increase 
ihepers07inel and endowment. A skilled artist with his brushes will give a representation of each curious 
discovery which shall be made in this living museum, and thus prepare plates for one of the most important 
publications with which the annals of natural history will cTer be enriched." 

" The unexpected phenomena which I witnessed at Concarneau, in the small ponds of Pilot Guillou, 
left no doubt in my mind as to the great serviceability of an establishment which will place in the hands 
of the government the necessary means for executing a work of public utility." 

" In the »ge when, by a sovereign application of the laws of physics, an invisible flame carries thought 
through conducting wires with whicli the genius of man has encircled the earth, physiology will exercise 
its empire over organic nature by an application of the laws of life." 

"I cannot conclude this report, sire, without expressing my thanks to Admiral La Ylace, prefet mar- 
itime at Brest, for the energetic assistance which he gave to our enterprise by confiding its rapid execution 



93 

to the combined care of tlie commandant of the station at Granville and to the chief of the maritime 
service at Saint- Servan." 

" I am, sire, with profound respect, your Majesty's very humble and faithful servant," 

« COSTE," 
" Memher of the InstituteP 

After the above report v^as made, M. Levicaire was promoted to the grade of officer of the Legion of 
Honor, and M. Le Roy was appointed to the command of the Chamois, a steam-vessel which was placed 
at the orders of those superintending the restocking operations. M. Bidaut, lieutenant of the Pluvier, 
was retained in commaad of that vessel. 

" 3. — -Report to His Excellency the Minister of Marine, on the Restocking of the Basin 

OF Aroachon. 

" Paris, Novemher 9, 1859." 

"Sir: In the first edition of a work which is now being republished by order of the Emperor, I 
demonstrated five years ago, by the help of numerous facts observed at Marennes, at Tremblade, and at 
the isle of Oleron, that oysters reproduced themselves in as great profusion in the claires, viviers and 
etalages as in open sea. 

"At the sight of these revealed sources of wealth I announced that, by means of appliances for col- 
lecting the seed, all the establishments organized along the coasts would soon be transformed into produc- 
tive areas, where, without quitting the land, the coast inhabitants would have in their hands the 
inexhaustible treasure which science offers to labor, and I described the instruments which were to be 
used in securing the possession." 

'.' I hope, sir, in the presence of the wonders accomplished under the eyes of the astonished inhabi- 
tants, henceforth anxious to take part in the prosecution of a work in which they at first had no confi- 
dence whatever, that your excellency will permit me to restate here the means employed, so that it may 
again be shown that the most abstract knowledge is everywhere the lever employed in attaining most 
wonderful results, in the great workshop where the genius of man extends its empire over the world." 

"Although the entire bay of Arcachon may be transformed into one vast oyster-bed, there are two 
localities, the point of Germanau and the sp^ce comprised between Estey de Crastarbe and the port of 
the island of Oiseaux, which are best adapted to the purpose of reproduction. The muddy, pebbly and 
uneven bottoms will afford every opportunity for the various methods." 

" I have, therefore, the honor of proposing to your excellency that the government agents be ordered 
to proceed at once to the organization of two kinds of model farms, which will be at the same time public 
storages for seed and great areas for the concentration of the harvests." 

" The superabundance of seed which the collecting apparatus cannot hold will spread far and wide 
over the shells and artificial repositories with which the bottom of difl:erent parts of the bay will be cov- 
ered, and will furnish, both to the hand fishery and the boat fishery, a continually renewed source of food. 
This portion of the harvest will be common property." 

" Those which develop in the reserved cantonments will be distributed in lots to the most zealous 
seamen, to whom this loan or generous gift will be a means of cultivating, on their own account, beds ceded by 
the government, and thus creating for themselves a first capital, by which they will pass from a mercenary 
or laboring condition to that of cultivators. This will he apart of the recompense!''' 

" But in order that nothing shall be left undone that is calculated to expand the business, it will be 
well to admit, to a certain extent, private enterprise to the benefits of the concessions, obliging it to be 
associated with the fishermen, whose rights will be protected by contracts made before the proper 
authority ; so that, without making over anything, the government can aid the development of the industry, 
aud attract those who, witnessing its prosperity, feel disposed to engage in the pursuit." 
13 



94 

" With these means of action, and the aid of private enterprise, an appropriation of 20,000 francs 
would be sufficient to transform in two years, with profit to all and honor to the government which 
extended its help to the enterprise, the bay of Arcachon into a veritable field of abundance. This bay, 
then, would produce upon its stocked depths, by means of appliances prepared beforehand, immense har- 
vests, the extent of which may be calculated in advance by tiie result which the permanent depots have 
already begun to accumulate." 

"But shell-fish will not constitute the only harvest taken from this fertile tract. The governm.ent 
can easily create along the coast a no less precious source of production, by building reservoirs connected 
by trenches with the sea, through which the excess of fish spawn can be carried into the interior ; this 
question has been controverted, and to its discussion I will in a future report call your excellency's 
attention." 

" While awaiting your decision, sir, I beg you to accept a renewed assurance of my repectful 
consideration." " COSTE, 

" Member of the Institute." 

In accordance with the conclusions arrived at in the above report, two establishments, to be used as 
models, are already in operation at the designated places in the bay of Arcachon^. A second police-boat, 
the brig Leger, commanded by Lieutenant Blandin, is charged with the surveillance of the bay, and co-op- 
erates with M. Filleau, commissary of maritime inscription of that region, in the cultivation of the two 
beds created by the government. One hundred and twelve grantees {concessionaires) associated with 
registered seamen, now follow this new industry over an extent of 400 hectares which the government 
has ceded to them. 

Coste did not live to see the fulfilment of his prophecy, and while the government farms, which he 
studied were at first so successful ; he met with many accidents and misfortunes, and at last died blind 
and discouraged, but the industry which he started, and which failed to fiourish under government" pat- 
ronage, was taken up and developed by private enterprise, and the following official account of the condi- 
tion of the waters, when he inaugurated his experiments, was published in 1875 : 

" flEPOBT ON THE CONDITION OF OzSTEE CuLTtTEE IN 1875, PeeCEDED BY A RePOET TO THE MiNISTEE 

OF Maeine and of the Colonies." 

" Veesailles, January 23, 1875." 
" After a long period of quietude oyster culture has recently made considei'able advancement. In 
the basin of Arcachon, especially, it has rapidly developed since 1870. The practical results attained by 
the improved methods of work have attracted the attention of all the inhabitants of the basin, have even 
acquired a great notoriety abroad, and have induced many people to engage in this industry. The 
demands for concessions of grounds have increased to an unusual extent, and at the same time the oyster 
culturists, already provided with parks, have found themselves much inconvenienced in the establishments 
they now possess from the lack of room in which to raise the young oysters taken in large quantities from 
their collectors." 

"J. ministerial decision, published in 1860, reserved for the general fishery quite an extended area 
in the basin, upon whiph the establishment of paths was prohibited. The suppression of this area ruas 
asked for by some in the interest of oyster culture, but there was also another party, opposed to this 
plan, according to whom it was not only necessary to m^aintahi the existing reservations, but also to 
refuse all new concessions, under the pretext that the multiplication of the jxirks vwuld injure the 
general prosperity of the basin." 

"At the beginning of last year. Vice- Admiral Dompierre d'Hornoy, then minister, instructed me to 
proceed to these places in order to ascertain the state of affairs at Arcachon, and to report to liim de-visu. 



95 

I returned from this mission convinced that the oyster industry of Arcachon was susceptible of important 
developments ; that it merited favorable attention from the administration, and that the greater part of 
the reserved area could he turned over to oyster culture without any inconvenience whatever to the general 
interests. The minister, in accordance with propositions which I submitted to him upon this subject, 
decided on the 2Stii of January, 1S74, that all the grounds of the basin yet unoccupied should he placed 
at the disposal of private industry, and in addition a certain number of natural oyster-heds, which need 
to he taken care of, as they constitute breeding centres indispensable to the maintenance of the partes.^'' 

" In executing this decision, the first work of dividing the old reserved area was eifected during the 
year 1874 and received the sanction of the ministry on the 19th of last December. Seven hundred and 
twenty-eight new parks were thus authorized at one time, and were' added to the seventeen hundred and 
six oyster-cultural establishments already existing in the basin. A second work of the same kind was also 
approved by the minister, and a third will soon follow. At the same time concessions of ground were 
daily granted in all other parts of the basin and the great number of demands was not lessened. Further- 
more, this progress in oyster culture is not limited to the basin of Arcachon. In Morbihan industry and 
capital favor it in a nearly equal degree. There also oyster culturists, finding the condition of the soil, 
climate, and locations propitious, have, little by little, perfected th«ir methods and obtained remarkable 
results." 

" From these two centres of activity oyster culture radiates to a greater or less extent in all direc- 
tions. It has been permanently established in the bay of Mount Saint-Michel and on the sandy borders 
of the Yivier. It seems in a fair way of becoming re-established on the coast of the island of Noirmou- 
tiers and the island of Re, where it had previously given great hopes of success at the time it was first 
started there ; it is more prosperous than ever on the banks of the Seudre. Finally, it has become in 
many places the object of attempts which will, without doubt, prove partially successful." 

"Aware of the deep interest taken in the coast fisheries by the Admiral Marquis of Montaignac, 
who, in 1850, was one of the commission, under the presidency of the Count Chasseloup Laubat, to pre- 
pare the penal laws of 18.52, I have thought that at this time, when oyster culture has received a definite 
impulse, the minister would read with pleasure a detailed report of its origin, its first phases, and its present 
condition. I have, therefore, by the aid of documents collected at the bureau of fisheries, prepared this 
report, which comprises the history of oyster culture and practical descriptions of the most perfected 
methods of cultivation practiced upon our shores." 

" I have the honor to submit this work to the minister, and should he find it worthy of his approba- 
tion, I beg he will give it to the public as an aid in extending the knowledge and facilitating the progress 
of an industry which is still new and full of promise for the future." 

" I recommend that this report be published in the Kevue Maritime et Coloniale." 

" Commissary-General of the Marine, Director of Administrative Aflairs." 
"Approved." " "Signed: DE BON." 

" Signed : MONTAIGNAC." 

" An Account of the Coitdition of Oyster Culture in 1875." 

" la addition to the taking of oysters by dredging, there exist two very distinct branches of oyster 
industry, which have hitherto been carried on to very unequal extent." 

" The first consists only in the improvement of oysters taken from natural banks. The oysters are 
taken, so to speak, ready-made, are deposited in localities calculated to give them certain qualities of 
flavor, shape or color, and are then furnished to consumers after they have acquired these qualities, 
which increase their market value. It is a sort of stock-raising, analogous to that of the farmer who buys 
lean cattle and fattens them before sending them to market." 

" The second industry consists in taking the oysters when they are in an almost embryonic state, as 



soon as they have left the valves of the mother oyster ; in favoring the hrst phases of their development 
by special care, thus saving from destruction a multitude of germs, which would perish if left to them- 
selves; and subsequently in increasing artificially the harvest of these productions which nature lavishes 
with so much carelessness and prodigality. This latter industry has been compared to agriculture, which 
multiplies the productions of the earth in order to meet the constantly increasing demands of mankind ; 
hence the name oyster culture, which has of late been applied to it." 

'•'•First attempts made at Saint: Ser van. — It was in France, some twenty years ago, that oyster 
culture really had its origin.* About the time M. Coste visited Lake Fusaro, in 1S53, M. De Bon, then 
commissioner of marine and chief of the service of Saint-Servan, now director of administrative affairs in 
the ministry of marine, was directed by the minister to attempt the restocking of the old oyster-beds of 
the Kance and of the roadstead of Saint-Malo, by means of shell-fish obtained from the beds in the bay 
of Cancale. In observing the results of these experiments, which succeeded perfectly well, he became 
convinced of a fact which had, until then, been contested, viz., that the oyster can reproduce itself even 
after having been transplanted to bottoms which are left bare at each low tide, and on which it has never 
existed before. He was struck with the facilities thus offered for the obtaining of artificial supplies of 
spat. He established at Saint-Servan, in the port of Solidor, a sort of experimental park, and com- 
menced a series of experiments to discover means of fixing the spat emitted from the oysters. In the 
year 1855 he announced to the minister that the qiiestion of artificial reproduction was for him definitely 
settled in the affirmative. In 1858 he asked to be authorized to try in one of the parks at Cancale the 
system of collecting spat which he had decided upon. It was a sort of floor formed of boards from 15 to 
18 centimetres wide (6 to 7 inches), upheld by stakes and placed 20 centimetres (8 inches) above the oysters. 
Having seen with their own eyes the results of this system, the parkers of Cancale did not hesitate to give 
it a trial at their own expense during the summer of 1859. The experiment was crowned with complete 
success. In the month of October in the same year, M. De Bon transmitted to the minister, as a speci- 
men, several boards covered with spat, some from the beds of Cancale and some from the parks of the 
Ranee. His experiments had, moreover, become famous. The prefect of the island of Vilaine had come 
to pay a visit to the park and had comprehended the scope of the discovery. In pursuance of his advice, 
M. De Bon sent specimens of the oysters obtained by the new method to a local exhibition which was 
held at Rennes in August, 1859. These specimens, which were accompanied with a description, attracted 
much attention, and the jury of the exhibition conferred a silver medal upon the inventor." 

" M. Caste's share in the introduction of the new industry. — Notwithstanding these satiefactory 
results, oyster culture would undoubtedly have found difficulty in overcoming the obstacles which preju- 
dice always places in the way of new advances in attracting public attention, and subsequently in secur- 
ing the costly and persevering eflbrts necessary to insure its speedy development, had it continued as a 
purely administrative work, subject to the_ conditions of prudence and wise reserve which are always 
imposed upon responsible functionaries. It found in M. Coste a bold champion, who brought to its ser- 
vice his reputation as a man of science, his talent as a propagandist, and the open support of the chief 
magistrate of the nation, which he had gained by the eloquent ardor of his convictions. Made proficient 
for this work by reason of his studies on fish-culture, M. Coste had become much impressed by what he 
saw in Italy, in the parks of Lake Fusaro. He at once conceived the idea of transporting to France the 
industry which flourished so obscurely near the Gulf of Naples. In the report of his explorations, made 
January 1, 1855, to the minister of agriculture and commerce, he expressed a desire that the same pro- 
cesses might be tried in the salt ponds of the south of France, and also applied to the natural oyster-beds. 
He proposed to let down over these oyster-beds in the spawning season large wooden frames to collect the 
spat, which should be withdrawn at the proper time." 

*We shall show further on that the American method of oyster farming originated independently, and several years 
before the French experiments, in East River, New York. 



EXPLANATION OF PLATE VL 

Figure 1. — General view of Lake Fusarro, in Italy, (Acheron of the ancients), showing here and 
there stakes arranged in circles, for collecting spat around the artificial oyster beds. The manner in 
which these stakes are arranged is shown on a larger scale in Figure 1 of Plate XII. 

In other parts of the figure single and double rows of stakes are shown. Between these bundles of 
branches, like the one shown in Figure 1 of Plate XI, are suspended, as shown on a larger scale in Figure 
2 of Plate XII, to collect the spat. 

The lake communicates with the ocean through a canal, which is shown on the left of the figure, 
and near this canal is a smaller lake, in which the oysters which are ready for the market are temporarily 
placed. (From Coste's Report.) 

Figure 2. — Map of a system of ponds for the cultivation of oysters. (From Hausser's Report.) 

iTlie cuts for theee figures were furnished by Prot. S. F. Baird, Superiutcndeut U. S. Fish^CommiseioD.) 



REPORT MARYLAND OYSTER COMMISSION. 



PLATE VI. 




ETASUSSEMENT OSTREICOLE DE U RIVIERE DE CRACH 

CMSJe BARON de V/OLB.QCIv) 



^^^^A^?!^^^''$^~'^^\^\^^^v 




97 

" His first missions on the coast. — Two yeara afterwards, in 1857, the Emperor commissioned him to 
make experiments in maritime fish cnlture. Soon thereafter, having received letters of introduction from 
the minister of the marine to all the maritime officers of the ports, he began to travel along the coast. 
He visited Saint-Servan in August, 1S57. M. De Bon showed him the already decisive results which he 
had obtained, both in restocking the beds of the Ranee and in collecting spat artificially. This was a 
practical confirmation of his theories, and in many respects a revelation of the means of executing them, 
for which he was still seeking. He saw with his own eyes the reproduction of oysters upon ground left 
bare by the tide, a fact which he had long denied and from which he subsequently derived so much advan- 
tage. On the 5th of February, 18.J8, in the first report addressed to the Emperor on the subject of hia 
misson, he asked that a simultaneous experiment in restocking and in oyster culture might be tried on a 
large scale in th^aay of Saint-Brieuc. He predicted its success, and his vivid imagination, entirely given 
over to the fondest hopes, already saw the coast of France transformed by the same process into an almost 
continuous chain of oyster beds, furnishing inexhaustible supplies of food." 

" Experiments in the Bay of St. Brieuc. — This report, which was printed in the ' Moniteur,' attracted 
much attention. M. Coste received from the minister of marine all the means that he required. Three 
millions of oysters, purchased at Cancale and Treguier, were deposited (April, 1858) at various points in 
the bay of Saint-Brieuc, with the aid of two small steamers belonging to the government, which towed 
the entire flotilla of boats carrying the oysters. On the improvised beds oyster shells were previously 
spread, to serve as collectors, and, for the same purpose, long rows of bundles of fagots were let down and 
anchored at a height of 30 to 40 centimetres (12 to 13 inches) 'above the bottom. Other boats were per- 
manently detailed to watch and keep the new beds in order. Success seemed insured from the first. At 
the close of the spawning season the collectors brought to the surface were covered with spat. M. Coste 
thought that now he was about to see his plans realized. He proposed to immediately undertake to restock 
the entire coast, and the report in which he announced his results in the bay of Saint-Brieuc (December, 
1858) received the same publicity as the former one." 

'■'■ Attempts at restocking on a large scale. — From this time onward oyster cultural experiments, both 
by the department of marine and by private individuals, developed rapidly. In the month of July, 1859, 
a steamer called the ' Chamois ' was placed at the disposal of M. Coste to convey him to such points 
along the coast as he desired to visit, in order to direct his experiments, and especially to co-operate in the 
oyster cultural works under the charge of the commissioners of the maritime inscription and of the vessels 
guarding the fisheries. In January, 1860, two and a half million oysters were purchased at Cancale 
and distributed through the bay of Saint-Brieuc in order to enrich its bottom. In May and July of the 
same year two million more were purchased in England and. taken to Bordeaux, by the Chamois, whence 
they were conveyed to Cette by railway for the formation of oyster beds in the Mediterranean. This lot 
was divided between the pond of Thau and the roadstead of Toulon. The roadstead of Brest was 
restocked, and an oyster reservation, supplied by large shipments from England, and intended to facilitate 
the stocking of the surrounding beds, was established in I'Anse de la Forest, near Concarneau. In the 
basin of Arcachon, explored by M. Coste in October, 1859, there were established by his advice two 
model parks to serve as breeding beds for the entire basin and for the trial of the different collecting 
apparatus thus far invented. Seven millions of oysters were deposited in these parks, and a government 
vessel, together with a coast guard expressly appointed, were charged with their supervision and with the 
carrying on of all necessary work." 

" First advajices made hy private i/ndustry. — Private indMstry followed the impulse given by the 
Slate. On the coasts of Normandy and Brittany, on those extending from, the Loire to the Gi/ronde, 
and in the basin of Arcachon, concessions were solicited from the minister of the marine ; oyster parks 
were established, and th* people engaged with eagerness in experiments at artificial reproduction. Cap- 
italists intrusted their funds to enterprises of this kind, conceived on a grand scale. The success in 
several localities was very marked. In the beginning of 1861 M, Coste, in requesting the minister to 



98 

grant further extension to his restocking operations, stated that tlie bay of Saint-Brieuc, where the first 
experiments had been made, could immediately furnish a harvest of several millions of marketable oys- 
ters ; that the coasts of the island of Re had been converted into a vast and richly stocked oyster bed ; 
that the basin of Arcachon promised a harvest of incalculable richness ; that in the roadsteads of Brest 
and Toulon the success attained, although less pronounced, was still of a nature to justify the most san- 
guine hopes ; that at La Rochelle and at Marennes the production was equally satisfactory ; and, finally, 
that in the pond of Thau, if the oysters had not reproduced, they had at least grown and acquired qual- 
ities which would cause that pond to be considered a place for improving their flavor." 

" Numerous failures — Tem.porary decline of oyster culture. — Unfortunately, numerous and bitter 
disappointments followed in the course of the succeeding years. The artificial beds of Saint-Brieuc were 
destroyed by inclement weather, the oysters being scattered, and the bundles of fagots^roken apart and 
thrown upon the shore ; they never rallied from this disaster. The roadstead of Brest became again 
impoverished, in consequence of the imperfect reproduction of the oysters deposited there, and the plun- 
dering operations of the fishermen. The experiments made in the Mediterranean failed completely. The 
parks of the islands of Re and Oleron and of La Rochelle, after a few years of prosperity, rapidly 
declined, and were almost entirely abandoned. It was the same at Cancale and in the Ranee, where the 
attempts at oyster culture, begun by M. De Bon, resulted unsatisfactorily not long after his departure ; 
the majority of the parkers abandoned the work. Finally, the report of the maritime authorities stated 
that in the basin of Arcachon, at the close of 1SG5, the government parks were flourishing, but the natu- 
ral beds were impoverished and private industry was pi'ostrated because of the tailure to collect spat." 

" Causes of this decline. — What were the causes of these failures, which seemed to indicate the ruin 
of all hopes based upon oyster culture ? They were manifold ; in the first place, ignorance or neglect 
of the natural laws governing the formation and continuance of oyster beds; secondly, imprudent attempts 
at restocking, or cultivation under unfavorable circumstances, quite excusable, however, at the outset of 
a new enterprise ; and lastly, the inexperience of the oyster culturist, all of whom were ^reen hands at 
the business, the uncertainty which prevailed as to the choice of favorable localities, the methods to be 
followed, and the apparatus to be used as collectors." 

^^ Action of the d&lMrtment of marine. — While seconding the eflbrts of M. Coste, the department of 
marine did not share in his illusions. It rightly considered that the renewal and enlargement of our 
oyster beds, exhausted by the excessive drain upon them, could not be accomplished either as speedily or 
completely as he had anticipated. The department was not, therefore, discouraged by the failures it had 
encountered. It was this department, in fact, that had really opened the way, both by its experiments in 
restocking, commenced in 1852, and by the promulgation of the decrees of July 4, 1853, concerning coast 
fishing, which decrees laid the foundation of a rational system of regulations as to the taking of oysters." 

" 2%e coast fishery regulations of 185 -J with reference to the oyster. — The main feature of this 
system of regulations are the prohibition against taking oysters at times not allowed by the maritime 
authorities ; the determination of the proper time for taking them dependent upon the advice of special 
commissions that visit the oyster beds annually ; the reservation of beds found to be impoverished or cal- 
culated to answer as centres of reproduction : and, finally, the obligation imposed upon fishermen lo 
throw back on to the beds or preserve in the parks the young oysters which have not yet attained a certain 
size. Wherever it has been possible to enforce these rules continuously, and at the same time keep a 
sufiiciently close watch to prevent the plundering operations of fishermen and other people living upon 
the shore, the marine authorities have succeeded in securing the prosperity of the oyster beds, provided 
they were established upon bottoms naturally productive and not entirely exhausted ; the success of enter- 
prises whose object is to reconstruct beds, of which not a trace remains, or to create entirely new beds is 
much more problematical. In this latter case the lessons taught by experience have not been lost. 
Since 1865 the department, without refusing to engage in all attempts at starting new beds, has especially 
endeavored to maintain the already existing ones, to improve them by timely cleansing or by the addi- 



99 

tioiis of ahell-fish brought from richer localities, and, finally, to strengthen the watch upon them, which is 
the best method of preserving them. Thus, in several localities, they have been gradually raised from the 
decay into which they had fallen." 

" Eesidts of the continued enforcement of these regulations. — Oyster culture, properly so called, has ad- 
vanced continuously, and in the course of its progress there has been brought to light a fact of prime 
importance, viz., that the artificial breeding of oysters can scarcely be successful excepting in the neigh- 
borhood of the natural spawning beds. Thus the oyster park of the island Re became sterile as soon as 
the neighboring natural beds which supplied it had disappeared. The abandonment of the attempts at 
oyster culture at Cancale was contemporaneous with a prolonged impoverishment of the oyster beds in 
the bay of Mont-Saint Michel ; these beds are now becoming filled up again, and oyster-cultural industry has 
reappeared upon the shores of that bay, at Vivier, where it is increasing daily. It is the same at Arcachon 
and in the rivers at Morbihan. The oyster propagates well in parks, as was demonstrated by M. De Bon, 
and perhaps at some future time it will be possible by improved methods to collect the spawn artificially 
produced in sufficient quantities, especially if the operation be performed in a favorable medium ; but at 
present an abundant supply of spat from large natural beds is essential to success." 

^^ Progress made hy private industry — Improved methods — Revival of oyster cidtu7'e. — On the other 
hand the oyster-culturists, taught hy their own experience and hy the results attained through the govern- 
ment experime?ital parks, became more self-reliant ; they improved their implements and their methods 
of worh. It may he affirmed that -m the tioo principal centres in which it is now carried on, the hasins 
of Arcachon and Morhihan, this industry then einerged from its period of uncertainty. The great 
profits realized there during the past few years have brought oyster culture again into favor and turned 
toward it a current of labor and capital much greater than that vjhich flowed in the same direction after 
the publication of M. Costers report. Requests for concessions of parks are received by the minister of 
marine from all quarters of the coast. Attempts are being made to reconstruct old and abandoned 
establishmeats, while new ones are being started in the majority of localities where others formerly 
existed^. Those seeking grants desire particularly the unclaimed localities in the basin of Arcachon and 
the rivers of the marine suh-district of Lorient, certain that they will receive in the future what is 
promised by the pyresentP 

'■^ Rapid increase in the number of oyster-cultural establishments at Arcachon. — At the close of 
1871 the j?arks controlled by private parties in this basin numbered 724 and occupied a total area of 588 \ 
hectares (1,450 acres) ; at the close of 1872 they were 1,133 in number and occupied an area of 1,061 
hectares (2,625 acres) ; at the close of 1874 they numbered 1,706 and covered an extent of 1,733 hectares 
(4,310 acres), not counting the portion formerly included in the reserved zone but now given over for 
parking. The denomination ^Reserved Zone'' was applied to a considerable section of the basin iji 
which parks were prohibited in order to retain a common fishing ground which could be frequented by 
all. In view of the great increase in oyster culture at Arcachon, both to satisfy the claims of the old 
parkers, who complained that they were cramped for room, and to meet the new demands which were 
constantly increasing in number, the mitiister of marine decided, on January 28, 1874, to ope7i up the 
greater portion of the reserve zone to private industry. The remainder of this zone, positively withheld 
from private demands, comprises exclusively the natural beds of the basin with their immediate 
surroundings, which it is important to protect against all intrusion, as the prosperity of the parks 
depended upon their jfreservation. In pursuance of the ministerial decision of January 28, the first 
work of dividing off the sections for distribution was carried on during the year 1 874 ; a decree has 
just been issued for the formation of 728 new parks, which, added to the 1,706 nov) existing, ivill make 
a total of 2,434 concessions and an extent of 2,669 hectares (6,625 acres) to be occupied by oyster culture. 
A second work of the same character has just terminated ; a third ivill soon foil ov:.^'' 

" Prospei'oits condition of the establishment at Morbihan. — In Morbihan the development of oyster 
culture is no less striking. The section of Vannes contains nearly 200 oyster parks, while that of Auray 



100 

will soon have 300, and requests are still coming in. Thus, persons in all stations of life are engaging in 
oyster culture, either by investing their capital in it or by laboring for it. Many of them are without 
experience in the matter, and it therefore seems proper and opportune to add to this brief historical sketch a 
few practical remarks concerning the processes now in use for the cultivation of the oyster. A knowledge of 
the processes which have the authority of success will, perchance, guide inexperienced oyster-culturists in 
the right direction and prevent mistakes; it may also incite others who are still indiiferent or timid " 

One of the most interesting and instructive lessons to be learned from this history of oyster farming 
in France is that private industry in this field, as in all others, can accomplish more than government 
influence, and I have marked with italics in this last extract several passages which show that, as the cul- 
tivation of private farms spreads, the advisability of devoting all suitable grounds to this use becomes 
more and more apparent. 

Experience the world over teaches that the most efiicient agent for the preservation and development 
of natural wealth is private ownership. 

The opposition in Maryland at present to the granting to private holders of any natural oyster bed 
is very strong indeed, but little insight into the future is needed to perceive that the disappearance of this 
feeling would result in an enormous increase in the prosperity of our people. 

Otstee Farming in America. 

The American system of oyster farming, which presents some features of resemblance to the French 
system, and also many differences, has grown up as the result of private enterprise, without any help or 
any direct encouragement from government. 

The French people are generally held to be the originators of modern oyster farming, but, as* an 
American, I take pleasure in pointing out that our own industry, which is now so extensively developed 
in Connecticut, has not been borrowed from France, but has grown up independently. 

Several years before Coste and De Bon commenced their experiments, the oystermen of East River, 
having observed that young oysters fastened in great numbers upon shells, which were placed upon the 
beds at the spawning season, started the practice of shelling the beds, in order to increase the supply, and 
in 1855, or three years before Coste represented to the French Emperor the importance of similar experi- 
^ments, the State of New York enacted a law to secure to private farmers the fruits of their labor, and a 
number of persons engaged in the new industry on an extensive scale. Among these pioneers in this field 
were Mr. Fordham, Capt. Henry Bell, Mr. Oliver Cook, Mr. Weed, Mr. Hawley and others. 

The industry has grown steadily from that time, and East River is now said by Ingersoll to be the 
scene of the most painstaking and scientific oyster culture in the United States, and the interest and 
importance of the subject is so great that I quote the whole of Ingersoll's account of its origin, develop- 
ment, and present methods : 

" I have no doubt that, whatever was the date of its origin, the credit of first truly propagating oys- 
ters from seed caught upon artificial beds or prepared receptacles belongs to the men of City Island. It 
had been a matter of common observation that any object tossed into the water in summer became cov- 
ered at once with infant oysters. The sedges along the edge of the marshes, and the buoys, stakes and 
wharf-piles, were similarly clothed. If the circumstances were favorable this deposit survived the winter, 
and the next spring the youngsters were large enough to be taken and transplanted. It was only a short 
step in logic, therefore, to conclude that if objects were thrown thickly into the water on purpose to catch 
the floating spawn, a large quantity of young oysters would be secured, and could be saved for trans- 
planting at very slight expense. The next question was — What would best serve the purpose? Evi- 
dently, nothing could be better than the shells which, year by year, accumulated on th'e shore from the 
season's opening trade. They were the customary resting-places of the spawn, and at the same time were 
cheapest. The City Island oysterman, therefore, began to save his shells from the lime-kiln and the road- 



101 

master, and to spread them on the bottom of the bay, hoping to save some of the oyster-spawn with 
which his imagination densely crowded the sea-water. This happened, I am told, more than fifty years 
ago, and the first man to put the theory into practice, it is remembered, was the father of the Fordham 
Brothers, who still pursue the business at City Island. In 185.5 Captain Henry Bell, of Bell's Island, 
planted shells among the islands ofi" the mouth of Norwalk River, and a short time after, under the pro- 
tection of the new law of 18.55, recognizing private property in such beds, Mr. Oliver Cook, of Five Mile 
River, Mr. Weed, of South Norwalk, Mr. Hawley, of Bridgeport, and others, went into it on an exten- 
sive scale. Some of these gentlemen appear never to have heard of any previous operations of the sort. 
Discovering it for themselves, as it was easy and natural to do, they supposed they were the originators; 
but if any such credit attaches anywhere, I believe it belongs to the City Island men. It was soon dis- 
covered that uniform success was not to be hoped for, and the steady, magnificent crops reaped by the 
earliest planters were rarely emulated. Many planters, therefore, distrusted the whole scheme, and 
returned to their simple transplanting of natural-bed seed; but others, with more consistency, set at work 
to improve their chances by making more and more favorable the opportunities for an oyster's egg suc- 
cessfully to attach itself, during its brief natatory life, to the stool prepared for it, and afterward to live 
to an age when it was strong enough to hold its own against the weather. This involved a closer study 
of the general natural history of the oyster." 

" The first thing found out was that the floating spawn would not attach itself to or ' set ' (in the 
vernacular of the shore), upon anything which had not a clean surface ; smoothness did not hinder — glass 
bottles were frequently coated outside and in with young shells — but the surface of the object must not 
be slimy. It was discovered, too, that the half-sedimentary, half-vegetable deposit of the water, coating 
any submerged object with a slippery film, was acquired with marvelous speed. Thus shells laid down a 
very few days before the spawning-time of the oysters become so slimy as to catch little or no spawn, no 
matter how much of it was floating in the water above them. This taught the oystermen that they must 
not spread their shells until the midst of the spawning season ; that one step was gained when they 
ceased spreading in May and waited until July. Now, from the 5th to 15th of that month is considered 
the proper time, and no shell-planting is attempted before or after. This knowledge of the speed with 
which the shells became slimy, was turned to account in another way. It was evident that the swifter 
the current the less would there be a chance of rapid fouling. Planters, therefore, chose their ground in 
the swiftest tideways they could find." 

"The mere manner of spreading the shells was also found to be important If they are rudelv 
dumped over, half their good is wasted, for they lie in heaps. The proper method is to take them from 
the large scow or sloop which has brought them ashore, in small boat-loads. Having anchored the skiflT 
the shells are then flirted broadcast in all directions, by the shovelful. The next boat-load is anchored a 
little farther on, and the process repeated. Thus a thin and evenly distributed layer is spread over the 
whole ground. Just how many bushels a man will place on an acre depends upon both his means and his 
judgment. If he is shelling entirely new ground, he will spread more than he would upon an area 
already improved ; but I suppose 350 bushels to the acre might be recommended as an average quantity. 
Having spread his shells in midsummer, the planter, by testing them early in the fall, can tell whether 
he has succeeded in catching upon them any or much of the desired spawn. The young oysters will 
appear as minute flakes, easily detected by the experienced eye, attached to all parts of the old shell. If 
he has got no set whatever, he considers his investment a total loss, since by the next season the bed of 
shells will have become so dirty that the spawn will not take hold if it comes that way. Supposing, on 
the contrary, that young oysters are found attached in millions to his cultch, as often happens, crowding 
upon each old shell until it is almost hidden, what is his next step?" 

" The ordinary way in the East Kiver and elsewhere, is simply to let the bed remain quiet, until, in 
the course of three or four years, such oysters as have survived are large enough to sell, when the bed is 
worked — at first, probably, with tongs and rakes, getting up the thickest of the crop. This done, dredges 
14 



102 

are put on, and everything that remains — oysters, shells, and trash — is removed and the ground 
left clean, ready for a second shelling, or to he planted with seed, perhaps right away — perhaps 
after the area has lain fallow, exposed, uncovered to the influences of the sea for a year. Oyster- 
men have an idea (probably well founded, though badly theorized upon) that this improves the 
bottom for oyster-culture, as much as a similar rest would the soil of an upland field for agriculture." 

"In the process of growth of the young oysters lodged upon the fields of cultch, when left undis- 
turbed, there is, and must of necessity be, a great waste under the most favorable circumstances. 
Leaving out all other adversities, this will arise from over-crowding. More ' blisters ' attach them- 
selves upon a single shell than can come to maturity. One or a few will obtain an accession of growth 
over the rest, and crowd the others down, or overlap them fatally. Even if a large number of young 
oysters attached to a single stool do grow up together equally, their close elbowing of one another 
will probably result in a close, crabbed bunch of long, slim, unshapely samples, of no value save to be 
shucked. To avoid these misfortunes, and, having got a large quantity of young growth, to save as 
much as possible of it, the more advanced and energetic of the planters, like the Hoyts, of Norwalk, 
pursue the following plan : When the bed is two years old, by which time all the young oysters are 
of sufiicieut age and hardiness to bear the removal, coarse-netted dredges are put on, and all the 
bunches of oysters are taken up, knocked to pieces, and either sold as ' seed,' or redistributed over a 
new portion of bottom, thus widening the planted area, and at the same time leaving more room for 
those single oysters to grow which have slipped through the net and so escaped the dredge. The next 
year after, all the plantation, new and old, is gone over and suitable stock culled out for trade, three- 
year-old East River oysters being in demand for the European market. This further thins out the 
beds, and the following (fourth) year the main crop of fine, well-shai>ed, well-fed oysters will be taken, 
and during the succeeding summer, or perhaps after a year, the ground will be thoroughly well 
cleaned up, and prepared for a new shelling." 

"All these remarks apply to a reasonably hard bottom, which requires no previous preparation. 
In portions of Long Island Sound, especially off New Haven, it has been needful to make a crust or 
artificial surface upon the mud before laying down the shells. This is done with sand, and has been 
alluded to in the chapter on New Haven harbor." 

"Just what makes the best lodgment for oyster-spawn intended to be used as seed, has been 
greatly discussed. Oyster-shells are very good, certainly, and as they are cheap and almost always 
at hand in even troublesome quantities, they form the most available cultch, and are most generally 
used. Small gravel, however, has been tried on parts of the Connecticut coast with great success, 
the advantage being that not often more than one or two oysters would be attached, and therefore the 
evil of bunchiness would be avoided. Where scallop shells, as in Xarragansett bay, or, as in northern 
New Jersey mussels and jingles, Anoinia, can be procured in sufticient quantities, they are undoubt- 
edly better than anything else, because they not only break easily in culling, but are so fragile that 
the strain of the growth of two or more oysters attached to a single scallop or mussel-valve, will often 
crack it in pieces, and so permit the several members of the bunch to separate and grow into good 
shape, singl}'. I am not aware that any of the elaborate arrangements made in France and England 
for catching and preserving the spat have ever been imitated here, to any practical extent. The time 
will come, no doubt, when we shall be glad to profit by this foreign example and experience." 

" Although the effort to propagate oysters by catching drifting spawn upon prepared beds has 
been tried nearly everywhere, from Sandy Hook to Providence, it has only, in the minority of cases, 
perhaps I might say a small minority of cases, proved a profitable undertaking to those engaging in 
it; and many planters have abandoned the process, or at least calculated but little upon any prepared 
beds, in eBtimating the probable income of the prospective season. This arises from one of two 



103 

causes: 1st, the failure of spawn to attach itself to the cultch; or, 2cl, in case a ' set' occurs, a subse- 
qiaent death or destruction." 

" The supposition among oysternian generally has been that the water everywhere upon the coast 
was tilled, more or less, with drifting oyster-spat during the sjiawning season, whether there was any 
bed of 03'sters in the immediate neighborhood or not. In other words, that there was hardly any 
limit to the time and distance the spat would drift with the tides, winds and currents. I think that 
lately this view has been modified by most fisherman, and I am certain it greatly needs modification ; 
but, as a consequence of the opinion, it was believed that one place was as good as another, so long as 
there was a good current or tideway there to spread shells for spawn, whether there were any living 
oysters in proximity or not. But that this view was fallacious, and that man}- acres of shells have 
never exhibited a single oyster, simply because there was no spat or sources of spat in their vicinity, 
there is no reason to doubt." 

" Having learned this, planters began to see that they must place with or near their beds of shells 
living mother-oysters, called ' spawners,' which should supply the desired spat. This is done in two 
ways — either by laying a narrow bed of old oysters across the tideway in the centre of the shelled 
tract, so that the spawn, as it is emitted, may be carried up and down over the breadth of shells wait- 
ing to accommodate it,-or by sprinkling spawners all about the ground, at the rate of about 10 bushels 
to the acre. Under these arrangements, the circumstances must be rare and exceptional when a full 
set will not be secured upon all shells within, sa^' twenty rods of the spawners. Of course fortunate 
positions may be found where spawn is produced from wild oysters in abundance, or from contiguous 
planted beds, where the distriliution of special spawners is unnecessary; yet even then it may be said to 
be a wise measure." 

" The successful capture of a plenteous 'set,' however, is not all of the game. This must grow 
to salable maturity before any profits can be gathered, and it so often happens that the most prom- 
ising beds in September are utterly wrecked by January, making a total loss of all the money and 
labor expended, that more than one planter has decided that it does not pay to attempt to raise oysters 
upon shells, so long as he is able to buy and stock his grounds with half-grown seed — a decision which 
may be based upon sound reasoning in respect to certain localities, but which certainly will not apply 
to all of our northern coast." 

" To what causes the well-tilled artificial beds of infant oysters owe the destruction which seems 
often to overtake them in a single night cannot always be told ; we are not sufficiently acquainted 
either with the oyster or the conditions under which he lives to detect the fatal influence. It is easily 
perceived, however, that these propagation beds offer an unusual attraction to all the active enemies 
of the oyster, such as winkles, dri41s or borers and starfishes, since they find there food not only in 
superabundance, but thin-shelled and tender, so as to be got at in the easiest manner. It has very fre- 
quently happened, in the East River, that starfishes alone have not only eaten up many acres of young 
oysters in a single season, on shelled ground, but so colonized there as to ruin utterly that tract for 
any future use, so long as they remained. It is certain that the half-grown transplanted seed is less 
attractive to oyster enemies than the propagation beds ; but when, as frequently occurs, the latter sur- 
vive misfortune and attack, the yield of profits is so great as amply to compensate for the risk. Those 
who do not catch any or sufficient seed for their purposes, upon areas of shells or other cultch, annu- 
ally procure young oysters of natural growth, or 'seed' with which to stock their beds." 

" The great drawback to East River oyster-planting, of every kind, is the abundance of enemies 
with which the beds arc infested. These consist of drum-fish, skates, and, to a small degree, of vari- 
ous other fishes; of certain sponges and invertebrates that do slight damage; and of various borino- 
molUisks, the crushing winkle, and the insidious starfish or sea-star. It is the last-named plague that 
the planter dreads the most, and the directly traceable harm it does amounts to many tens of thous- 



104 

tods of dollars annually in this district alone, Indeed, it seems to have here its headquarters on the 
American oyster-coast; but as I shall devote to it a special description in my chapter on the 'Enemies 
of the O^'ster,' I will only mention here the fact of its baleful presence, which has utterly ruined 
many a man's whole year's work." 

Ingersoll states that 20 bushels of shells laid down anywhere in the upper part of Barnegat Bay, 
New Jersey, will produce 100 bushels of seed oysters, but that there is no protection for this industry, 
as popular construction makes such beds "natural ground." 

At Brookhani Bay, otf the south coast of Long Island, in the region of the well-known "blue 
point" oysters, it Jias been the custom for several years to lay down shells, scrap-tin, &c., for the 
attachment of the young, and when this is done near any oyster bed, or whenever spawning oysters 
are planted among the shells, there is rarely a failui-e to get plent\' of young. 

The Delaware planters often find that after a bottom has been used for mauj- years for planting, 
the young oysters grow upon the shells which gradually accumulate and a very valuable artificial 
oyster bed is thus established. The law-abiding citizens respect the private ownership of these beds, 
and they are a source of wealth to their possessor. 

Within the last three or four years, the State of Connecticut has passed laws to develop and p>ro- 
tect the oyster-farming interest, and it has accordingly developed with wonderful rapidity in this 
State, and within the last year the adjoined State of Rhode Island has passed laws to secure a similar 
condition of things. 

The history of the growth of the Connecticut industry is given in another place, under the head- 
ing, "Oyster Industry and Oyster Laws of Connecticut," and it is not necessary to repeat it here, but 
I quote from the "Report of the Shell-Fish Commissioners," of Connecticut, for 1882. the following 
account of the method of cultivating a private farm in that State. 

I also quote from their repiort for 1883, the following statement of the present ct)ndition of the 
industry : 

"The deep-water cultivators proceed in three different ways to make beds. (1.) The bottom 
being properly cleared off, the seed oysters, mixed with the gravel, jingles and other shells just as they 
are gathered from the natural beds, are distributed thereon more or less uniformly, and there left to 
grow. (2.) Or the bottom is spread over with clean oyster shells just before the spawning season 
begins, and brood oysters, twenty-five bushels to the acre, are distributed over the bed. (8.) Or, if 
the bed is in the neighborhood of natural beds, the shelled bed is left without further preparation to 
catch the spawn as it is drifted above it. Sometimes the shells fail to 'catch a set,' and this makes it 
necessary to rake over the shells the following year, or to cover them over with more fresh shells for 
the next spawning. There is always an abundance of spawn in the waters of the sound, and when a 
set is secured an enormous crop is the result. On a private deep-water bed, during the past summer, 
the dredge was drawn at random in the presence of the commissioners, and from an ordinary-size shovel- 
full there were counted 206 young oysters in excellent condition of the average size of a quarter of a 
dollar. As many as a hundred young oysters have been counted growing on a medium-sized oyster 
shell." 

"The beds are carefully tended, and no pains are spared to kill all the enemies of the oysters 
found among them. By continual vigilance the private beds are kept comparatively free from them. 
The larger proprietors of deep-water beds use steamers for this work, as also in doing their work of 
planting, raking over and dredging, and they use larger dredges than the sail vessels can, as they are 
also worked by steam at a great sa\'ing of labor and expense. When the oysters have grown on these 
beds to a merchantable size they are sometimes sold directly from the beds, but more frequently they 
are transplanted into brackish or fresli waters, where they are permitted to remain for a short period 
to freshen and fatten for market." 



"The foregoing table affords the gi'ound for the assumption that by the time of* the opietiing of* 
spring work, in 1883, 45,000 acres of ground will have been deeded to applicants by the Commission- 
ers. These, with the 45,000 acres deeded by the towns prior to May, 1881, will show an aggregate of 
90,000 acres held by cultivators under State jurisdiction." 

" Of this vast area a large portion has been cleared up and shelled. One firm has laid down 
250,000 bushels of shells. Several large growers have laid down as many as 200,000 bushels each. 
A still larger number have scattered a hundred thousand, fifty thousand and twenty thousand each. 
There are about 30 steamers engaged in the business, besides a very large number of sailing vessels. 
Shells that but a few years ago were almost worthless have increased in value, and are sought after 
far aud near. It is estimated by competent judges that the number of acres under cultiv^ation is at 
least double what it was one 3'ear ago. With trifling exceptions good sets have been secured upon 
the beds, and if no unusual accidents occur, the ci'op, the next two 3'ears, will be enormous. One cul- 
tivator alone looks for no less than 1,000,000 bushels of marketable natives from his own grounds. 
Several other growers, individuals and companies, are looking for large crops. And all are planning 
to still further extend their farms." 

"It does not admit of a doubt that the business of oyster growing as carried on in the waters of 
the Sound is exceedingly profitable." 

SPAT COLLECTORS. 

During the period of his employment by the Fi'ench Government to replenish the oyster 
grounds, Coste devised a number of plans for furnishing an attachment for the oyster spat, and these 
devices have been greatly improved b}' other experimenters. 

Most of them could be employed in our own waters with advantage, and in order to make our 
people acquainted with them, we will give a brief description of the more important substances 
which have been thus employed. Some of them are adapted for certain localities while others can be 
used to best advantage under other conditions. Our people have long been noted for their ingenuity, 
and there is no doubt, that as the great importance of oyster farming comes to be appreciated among 
us, we shall have many great improvements in the methods of procuring seed oysters, better adapted 
for our own needs than any which are here described, but our account will serve to show our people 
the general direction in which their inventive skill must be directed. 

Oyster Shells. — At present, no spat collector seems to be better adapted for use in our waters upon 
hard bottoms, than oyster shells, and they are now the cheapest collectors that can be used. 

In order to serve for this purpose the shells must be perfectly clean, and as the old dead shells, 
which have lain for a long time upon the 03'ster-beds, are torn to pieces by the boring sponge and 
covered with mud and slime, hydrioids, sea-weed and sponges, they are much less eifective than those 
which are placed in the water just before the spawning season. 

In regions where there is no danger from frost, or where the 3'oung growth is to be planted in 
deeper water before winter, the shells may be deposited at or even above low-water mark, and in the 
sounds of N'orth Carolina oysters thrive even at high-tide mark. The shells should be deposited in 
the early summer — in June, July and August — in localities where there is enough current to sweep 
the svvinuuing young past them. A hard bottom is to be preferred, but this method may be employed 
with great advantage upon any soft bottoms which are near the surface. In this case the shells should 
not be uniformly distributed, but placed in piles or ridges. If these ridges are properly arranged with 
reference to the direction of the current, they will produce secondary currents, aud will thus cause the 
soft mud to flow off between theni. In this way any bottom which is bare or nearly bare at low tide, 
and which is exposed to the winds and waves, may in time be swept nearly clear of mud. Each time 
the tide comes in the mud is stirred up and suspended in the water, and as the tide ebbs this suspended 



106 

matter is swept into the channels between the obstructions, and is carried away. Shells are verj' effec- 
tive as spat collectors, and we give in Plates I, n. III and IV several figures of shells which have thus 
become covered with young oysters. Shell wharves built out into deep water, so as to catch and turn 
the passing current, are often found to be covered with 3'oung oysters at all stages of growth and in 
good condition for planting. 

In shallow waters, when the shells are uncovered at low tide, they may be examined to pick out 
for distribution upon the planting grounds, those which have young oysters upon them, but in deeper 
waters the shells must be picked up with tongs or dredges, or they may be strung upon wires and 
sunk in deep water on suitable frames. 

The chief objection to the use of shells is- that the method is a w^asteful one. It is not unusual for 
fifty or a hundred young 03'sters to fasten upon one shell, and as the shells are too strong to be broken 
without injuring the young oysters, these cannot be detached, and most of them are soon crowded out 
and killed by the growth of the others. 

The use of tiles has, therefore, been introduced in France to avoid this loss. 

Tile collectors. — As tiles can be employed without diflticulty in deep water, they are well adapted 
for use in our bay. Those which are used in France are much like a common drain pipe sawed in 
two longitudinally. They cannot be obtained in our markets at present, although they could be made 
very cheaply if there were any demand for them. Each tile is about 18 inches or 2 feet long, 6 or 8 
inches wide, concave on one side and convex on the other. The shape of the tile is important, as 
nearly all the oysters fasten themselves upon the concave surface. They adhere so firmly that it is 
difficult to detach them without injury, and to avoid this the French oyster breeders coat the tiles 
with a thin whitewash, which can be scaled off with the young oysters when these are large enough to 
be distributed upon the planting grounds. 

The following is an account of the method of coating the tiles as employed in France: 

"What is most remarkable concerning liming is the fact that both quicklime and hydraulic cement 
are decomposed* by sea-water. Hydraulic cement hardens in fresh water; but salt water, although it 
permits of a first hardening, in the course of time produces complete decomposition." 

"This change is favorable to the removal of the young oyster, and to the assimilation of lime by 
the young." 

"By combining these two substances, hydraulic cement and quicklime, the oyster-culturists ot 
Morbihan, in all cases, attain the desired results, so far as this particular point is concerned." 

"If some of our culturists still seem to ignore the existence of a principle in the use of lime, as 
necessary for the attachment of young oysters, there are others who, without strongly insisting upon 
it, still aftirm this truth. We may cite a few instances: 'Quicklime,' says M. Alphonse Martin, 
' always retains a little moisture, thus placing at the disposal of the oyster all the materials which 
it needs.' " 

"'A coating of lime,' says M. Gressy, 'not only permits of the easy removal of the oyster, but 
also constitutes a substance eminently favorable for collecting the young. This fact is so well known 
that no one to-day would place a collector in the sea without having first dipped it in lime.' " 

"Finally, Dr. Henri Leroux writes as follows: 'We will not now insist upon the necessity of coat- 
ing the tiles in order to obtain a good supply of oysters, as experience has sufficiently proved this fact. 
The tiles covered with lime will give three times as many oysters as those without it.' " 

"This principle being admitted, the liming is done in two very different ways at Morbihan accord- 
ing to whether it is intended to entirely free the oysters from the tile, or to allow a portion of the tile 
to remain attached to each shell." 

"When we come to speak of the removal of the oysters from the collectors, we will make some 
remarks concerning the matter of leaving a portion of the tile attached to the young. For the present 



107 

wc will merely state that under that system the tile is cut, leaving a portion adhering to each oyster, 
forming a sort of heel." 

" Some of our culturists, such as M. Gressy and M. Henri Leroux, who breed oysters in this manner, 
cover their tiles with a slight coating of hydraulic cement. The young oyster attaches itself to the 
cement, but the coating being very thin is soon worn away, leaving the oyster quite firmly fixed to 
the tile." 

"Others, on the contrary, who, six months after the collectors have been set, prefer to sepai-ate 
the oysters entirely from the tile with the blade of a knife, generally cover the tile with two layers, 
and proceed in a different manner. "We cannot do better than to give their method of procedure in 
their own language : " 

"M.Eugene Leroux says: 'I procured some quicklime, which was slacked just as it was to be 
used, and was put, while still in a state of ebullition, into a large vat, where two-thirds the same 
quantity of sand had been placed. My men stirred the mixture until it had attained the consistency 
of clear broth. The collectors had been made ready, and, held by the lower end, were dipped into the 
vat. One immersion sufficed, after which the women took them in hand-barrows and exposed them 
to the air to dry before setting them up. This excellent coating should be prepared with fresh water 
only ; sea-water prevents its adhering for any length of time to the tiles, and if it comes oft" the labor 
is of course lost.' " 

" M. Liazard states: 'It was necessary to find a substance which, placed between the outer coat- 
ing of the tile would decompose after remaining long in the water, and thus leave the coating almost 
free. I tried different pastes, all of which gave good results, but it was necessary to select the most 
economical. I was satisfied with a mixture made of flour and a small quantity of the scrapings of 
potatoes, boiled in a sufficient quantity of water to produce a thin paste. The tiles were dipped in this, 
and after they were dry they were passed through a bath of hydraulic cement. I have always 
succeeded with this mixture; it is quickly made and costs but little. Every time I have neglected to 
use it I have regretted it.' " 

"M. Alphonse Martin says: 'I first plunge each tile into a milk of quicklime, and when this 
coating is quite dry I again dip the tile into a bath of hydraulic cement.' " 

" M. de "Wolbock generally uses two layers of hydraulic cement." 

" It seems to us rational that, when not intending to leave the oyster attached to the tile, we 
should resort to two layers, the first of quicklime, which will not adhere very firmly, and the second 
of hydraulic cement. The first facilitates the removal of the oyster and the second the adherence of 
the j-oung." 

Tiles may be used as spat collectors in either deep or shallow water. 

On the French coast they are chiefly employed above low tide mark, or in very shallow water, 
and they are then spread out on a considerable area. 

In some cases lines of stakes are driven into the ground, about a toot apart, ti-ansverse string 
pieces are fastened to them about a foot above the bottom, and a row of tiles is laid upon the latter, 
concave surface down, another row of tiles is placed at right angles upon the first layer and the whole 
is weighted with stones. 

Another method is to plac-e them in rows like card houses. 

The various methods of placing the tiles in shallow water are shown in Plates V and Vfl. They 
should be placed in position while the oysters are spawning, as they soon become slimy and covered 
with dirt. As soon as the oysters are large enough to handle they should be removed and distributed 
over the planting ground, as they are often so crowded together on the tiles that they have no room 
to grow. 

When used iu deep water the tiles may be fastened to a frame, which may be sunk upon or near 
a natural bed. 



108 

Lieut. Winslow is, so far as we are informed, the only person who has used tiles as spat collectors 
in our waters, but his experiments with them in Tangier Sound, in 1879, show that they can be 
employed in our waters with perfect success. 

He used a collector which was made by lashing eight or sixteen tiles to a wooden frame. The 
frame rested upon the bottom, while the tiles themselves were raised about six inches. 

The collector was sunk upon a natural bed by a rope, to the free end of which a floating buoy 
was attached to mark its position. 

An apparatus of this sort was sunk by him in Big Annemessex River, in July 9, and on August 
2, 348 young 03'sters were found upon one tile. On October 10, most of these had grown to a size of 
three-quarters of an inch. 

"We believe that any one will be convinced by the examination of his photographs of these tiles 
with the oysters upon them, which are here reproduced in Plates Vm, IX and X, that it is quite pos- 
sible to increase our supply of oysters almost without limit by the use of similar means, and as we 
believe that these experiments should be more widely known among our people, and that they should 
be fully informed upon the subject, we quote Lieut. Winslow's account of his experiments, from his 
Report to the Superintendent of the United States Coast Survey. 

INFORMATION OBTMNED FROM "SPAT COLLECTORS." 

"In order to ascertain when the first attachment of young took place on each bed, the compara- 
tive extent of snch attachment, the influence of bottom antl depth of water upon the attachment, Jlnd, 
finally, the increase in size of the oyster and the number surviving each period of their existence, I 
placed early in July twenty-four spat collectors on the beds in the Sounds; but I regret to say that 
the collectors were removed by some ill-disposed persons almost as soon as placed." 

" The last hurdle, as the bundle of tiles were called, was in position on July 14, and on July 15 
only four remained in position, and after the 1st of August there was but one left (No. 7, in the Big 
Annemessex River.") 

" The hurdles were composed of eight or sixteen half-round tiles, lashed on a wooden frame, and 
so arranged that the frame rested on the bottom, the tiles being thus raised about six inches above 
the bottom. The tiles were ordinary earthenware ones, unglazed, and were always placed so as to 
have their concave side underneath. As long as the hurdles remained in position they were fre- 
quently examined in order to ascertain the advent of the young brood, and from those examinations I 
am of the opinion that the first attachment of oysters took place about July 17, as on that day we dis- 
covered, with the aid of the microscope, oysters on Hurdle No. 12, on Chain Shoal, and on the 19th, 
in the same way, found them on ISTo. 7, in the Big Annemessex. On July 24 they were observable 
on the hurdles on the Great Rock, both in shoal and deep water. Though the attachment probably 
began about the middle of July, yet it was only evident on the tiles, as our dredging operations did 
not discover any attachment before the 12th of August, when the young brood were found in moder- 
ate numbers on all the beds in both the Sounds." 

"The number found in Pocomoke Sound was much smaller than in Tangier, and the number on 
the Upper Pocomoke beds and on the Muddy Marsh bed was smaller than on the lower ones. The 
attachment appears to be proportional to the number of oysters, such beds as the Muddy Marsh, for 
instance, having very few young; but as the bed is badly broken up, this may be owing to the absence 
of proper cultch. The young appear to select the cleanest and smoothest shells for attachment, and 
we always found that the "boxes," or those shells which had not been separated completely, contained 
the largest number of young brood. We also found that the size of the young depended, to a great 
extent, upon the depth of water. Those first detected by us were from two millimetres to one centi- 



EXPLANATION OF PLATE VIL 

Various methods which are employed in France for arranging the tiles which are used for collecting 
oyster spat. (From Coste's Eeport.) 

Figure 1. — Tent collector. 

FiGUKE 2.— Single roof collector. 

Figure 3. — Double roof collector. , 

Figure 4. — Tiles arranged in oblique, overlapping rows. 

(We are iudebted to Prof. S. F. Baird, Superintendent U. S. Fish Commiseion, for tile use of the figures iu this plate.) 



HEPORT MAH^LaND OYSTER COMMISSION. 



PLATE VII. 





. r I 



KA^^WSm^. 




EXPLANATION OF PLATES YIII, IX AND X. 

Tiles which were deposited in the Little Annainessex River by Lieut. Francis Winslow, U. S. N., on 
July 9th, 1879, for the attachment of spat. 

PLATE VIII. — Upper and lower surfaces of a tile which was removed twenty-four days after it 
was placed in the water. 

PLATE IX. — Upper and lower surfaces of a tile which was removed after it had been in the 
water for forty-five days. 

PLATE X. — Upper and lower surfaces of a tile which was removed after it had been in the water 
for about three months. 



REPORT MARYLAND OYSTER COMMISSION. 



PLATE Vm. 



TILE 
Placed in position Jirly '1' Reiiio\-ed A\i2i 
S<-ale 23 >T,jf^j^,.;|] Size. 




^pper Side. 




From Winslow's Report on the Oyster Beds of Tangier and Pocomoke Sounds. 



.rjtorrt iCoJ,:l>imu,iir,tlt,i 



REPORT MARYLAND OYSTER COMMISSION. 



PLATE IX. 



TILK 
l>Iii.-,.,l in pnsilioii Iiilv '1.1. Rf.iu.>v.-<1 Ai, 
Sralc -' ,i Xalural Si/.r. 












"'X 



l-pjifM- S,(U 







i 1^1' '^l^-'-^r mVI® ^^<y ^^--^i^' 






From Winslow's Report on the Oyster Beds of Tangier and Pocomoke Sounds. 



REPORT MARYIjAND OYSTER COMMISSION. 



PLATE X. 



TILE 

Pl.iceil in i)osit.oii. Julx" !) >!• I!cm<)\-<-<l Oclobi-r 10"' 

Scale -', ;i Natural Size. 







Vi 







,'5^ 











' i>,<S2i»«^ 





















iv /^ 






* -r-'. j: -^^ 



' - / 



'^ 






i--^. 






V ^^ 



.Cf.w 






From Winslow's Report on the Oyster Beds of Tangier and Pocomoke Sounds. 



109 

metre in length, and as the shoal-water oysters spawn first, and as we found the young of the largest 
size in shoal water, I infer that the attachment of the oyster occurs very near the location of the 
parent." 

"The hurdle in the Big Annemessex was aubjected to four examinations. It was placed in posi- 
tion on July 9, and on July 19, when the first examination was made, there were a few oysters on the 
tiles, but so small that a microscope was necessary in order to recognize them." 

" The second examination was on August 2, and the oysters were then quite perceptible and 
easily counted. The total number of oysters on the tiles was then 1,506; deducting those on tile No. 
7, which tile was removed, there were 1,777. The number on a tile varied greatly, the maximum 
being 348, and the minimum* 26." 

" The third examination was on the 23d of August. The oysters had increased very much in 
size and in numbers. The total number on the tiles was now 1,334, showing an increase of 0.13 per 
cent, of the number at the second examination. The number on the lower side of the tiles was much 
larger than on the upper. A tile (No. 2) was removed, and deducting the number of oysters on it 
from the sum, there were 1,202 still on the hurdle. A few oysters were injured, probably by raising 
or lowering the hurdle from and to the bottom." 

" The fourth examination was on the 10th of October. The total number of oysters was then 
539, shdwing a decrease of 55 per cent. At this examination about two-thirds of the oysters were of 
the third class, or over three-quarters of an inch in length, and two of them were over two inches 
long, being thus of the second class. All, however, could be distinguished as of very recent growth, 
being very long and thin, with thin, delicate shells, easily broken with the thumb-nail or point of a 
penknife. The largest numbers were still found on the lower sides of the tiles. A moderate number 
of oysters had been injured by rough handling." 

"I infer from the four inspections made of this hurdle, and from the one or two made of others 
before they were removed, that the first attachment of young began, as I have said, about the middle 
of July, and continued until. about the 20th of August, as on the 23d of that month there was no 
indication of any recent attachment. Probably it reaches its maximum number about the end of 
July, and decreases afterwards. The mortality after the 23d of August was very great, fully 50 per 
cent, perishing from some unknown cause, which, though unknown, is certainly natural. "We did 
not notice any evidence of the destructive etiects of drills or other animals, though their agency 
would only be discovered by the evidence of the holes in the upper valves, but as those valves were 
never present, it cannot be said with certainty that the destruction was not due to them. Whatever 
^he cause, the fact is that 50 per cent, perished in the first six weeks of their existence." 

" The tiles have shown that the increase in size is much greater than was supposed, and are the 
first and only authentic evidence upon that point which has been produced with regard to the Amer- 
ican 03'ster. Again, it is conclusively shown by these tiles and some others that were dredged up 
from the Woman's Marsh beds (Hurdle No. 24), that the greatest attachment is on the lower concave 
side, and consequent!)^ that whatever may be the movements of the embryo oyster before attachment, 
during the period just prior to it they are near, if not on the bottom, and in seeking their place of 
attachment they must rise. In this they are similar to the European variety. The selection of the 
lower sides of the tiles and the interior of the 'boxes' may be an effort of nature to provide some 
protection for the young brood, by, to a certain extent, inducing them to seek dark and secluded 
points for attachment, or the large number found in such places may be due to the inability of the 
various enemies of the spat to get at them when thus protected." 

" It is a matter of very great regret that we have not a large number of specimens and observa- 
tions for comparison, as all the future investigations in this field would be greatly assisted by an accu- 
rate knowledge of the rate of decrease in number and increase in size of the oysters, and it is to be 
15 



110 

hoped that the hurdle in the Big Annemessex will be allowed to remain in position long enough to permit 
the meagre, yet valuable, information it can produce to be made public." 

SPAT COLLECTORS FOR MUDDY BOTTOMS. 

Fascine Collector. — This consists of a bundle or fagot of small branches of chestnut, oak, elm, birch, 
or any other suitable wood, about ten or twelve feet long, bound together in the middle by a tarred, gal- 
vanized iron wire, which is fastened to a stone, by which the bundle is anchored about a foot above the 
bottom. These fascines are placed upon or near the beds of oysters at the spawning season, and distributed 
in places where the set of the tides and currents will carry the swimming oyster larve to them. The young 
oysters settle xipon the branches in great numbers, and attaching themselves grow rapidly, and it is not 
unusual for one such fagot to yield several thousand. The bundles are left undisturbed for five or six 
months, and at the end of this time they are large enough to be detached from the branches, when they 
are ready for distribution upon the planting grounds. In Plate XI, figure 2, one of these bundles is 
shown, in place upon the oyster bed, and one of the branches, with the young oysters upon it, is shown 
on a larger scale in figure 1. 

This method of collecting seed oysters has never, so far as I am aware, been employed in this country, 
although the experience of all who are familiar with our oyster waters must have shown how readily the 
young growth became attached to floating or sunken bushes. Our waters abound in places which are well- 
fitted for the employment of this method of gathering the seed which is to be used in planting, and the 
fascine collectors might be used in the mouths of creeks or inlets, or along the edges of the channels, or any- 
where where the set of the current will sweep the swimming oysters past the collector. While it would 
be advantageous to place the collectors near natural beds or rocks, this is by no means essential, for the 
young of the American oyster survive for a long time in the water, and they are carried to great distances 
by 'the current, and there is no part of our oyster area beyond the reach of this floating spat. 

The method may be employed on either hard or soft bottom, as the collectors float above the surface 
of the ground, but is especially adapted for bottoms too soft for planting, and such bottoms may in this 
way be made valuable as seed farms. The collectors may be placed in either deep or shallow water, wher- 
ever there is a current. 

With the exception of Winslow's experiments with tiles, very little use has been made in America of 
anything, except oyster-shells, for collecting spat; but at one point in Connecticut a plan, which is 
essentially like the one last described, has been used with good results for capturing spat, and for rearing 
marketable oysters as well upon bottoms of soft mud. 

These experiments are thus described in the reports of the Connecticut Shell Fish Commission for 
1882 and 1883 : 

"The soft, muddy tracts, also, which aggregate a large number of acres now neglected, it is believed, 
will, at no far distant day, become valuable for cultivation." 

" The efibrts made to grow oysters on muddy bottoms in the Poquonock River, near Gr«ton, to which 
reference was made in the last year's report, have been uniformly successful, as many as a thousand bush- 
els of superior oysters having been obtained from one acre. No particular skill is required in carrying on 
similar experiments, and it is probable that the method will be generally followed throughout the State, 
where similar bottoms are found." 

" Artificial methods for catching spawn have received little attention from Connecticut oyster growers, 
except in the case at Groton hereinafter mentioned. They are followed in a variety of ways in Europe ; 
clean bushes and fagots are anchored or hung on chains in the vicinity of spawning beds, where the pre- 
vailing currents will carry the floating spawn to them. In this way immense quantities are caught and 
left to grow until ready for planting. Clean earthen tiles, made for the purpose, are also placed on and 
near the spawning grounds to catch the spat, and they serve better than anything else for this purpose. 



Ill 

Another method is that of raising a mound of rocks and gravel, about the time of spawning, and covering 
its surface with ripe brood oysters; around the mound are driven stout stakes or piles, close together, so 
tliat the floating spat cannot easily escape; being thus intercepted, spat adheres to the stakes and is there 
left until ready for planting." 

" On the Poquonock River, near Groton, white birch bushes are stuck in the river mud, about spawn- 
ing time, in fourteen or fifteen feet o^water, at low tide. To these the spat adheres in great quantities. 
They are left undisturbed eighteen months, by which time the set becomes good-sized seed. On one bush, 
which was four inches through at the butt, twenty-five bushels of oysters were found, seven of which 
were large enough for market. The average yield is about five bushels to the bush. The grounds are so 
soft and muddy that no other method is feasible. About fifty acres are. under this kind of cultivation, 
and the area is rapidly extending. The bushes are grappled out of the mud by derricks. The oysters 
are of excellent flavor, and the business is profitable." 

Besides these simple but very efifective devices for collecting spat, the French have invented a number 
of very complicated mechanical devices for use under peculiar circumstances. 

The price of oysters in our State is not high enough to justify the practical use of any expensive 
machinery, but we give an account of two of these devices, as an acquaintance with them may enable 
our people to invent better or more practicable appliances for accomplishing the same purpose. 

Two of them, the Platfrn-m Collector and the Box Collector, are thus described by Fraiche in his work 
on " Oyster Culture." 

" PLATFORM COLLECTOR." 

" This collecting apparatus is susceptible of all manner of modifications as to form and size to adapt 
it to the character of the ground upon which the bed is located. Not only is it easily made, arranged 
and handled, since one person can perform all the labor necessary, but it also does no injury whatever to 
the oysters which it covers. It is generally placed in position one or two weeks before the spawning 
period, and during its stay over the bed it preserves the oysters from all deposits of mud. When it is 
charged with a young growth it can be taken down in a short time and transported to any required dis- 
tance, leaving the bank wkich it had covered not only in its primitive condition, so far as the original 
stock is concerned, but moreover enriched by a large number of germs, which, had it not been for the 
presence of the collector over the bed, would have been carried away, at least in great part, by the tidal 
currents, and thus lost. The platform collector consists (Plate XII, figure 4) of rows of posts arranged 
in pairs (A), each pair being fastened together, with an intervening space of 12 to 15 centimetres (4 to 5 
inches), and planted in the ground over the entire area of the bed at a distance apart of about 2 meters, with 
each pair occupying one of the angles of a square, so that the surface covered is divided up into blocks, 
much like the surface of a chess-board. Each set of posts is pierced through by two sets of holes, the 
first at one-half meter and the second at .75 to .80 of a meter from the bottom ; bars of wood or iron are 
passed through these holes, thus making each pair a sort of ladder with two rounds. Upon the lower 
rounds, from post to post, are laid bed-pieces or stringers (B), which should be quite strong, and which 
together constitute a frame-work of contiguous squares, upon which a jflatform of rough planks (D) is 
built and maintained in position by a second series of stringers (C), held down by the upper round (J) of the 
posts ; the pressure upon the planks is regulated, when necessary, by means of beveled wooden blocks 

(Q. Q')-" 

" It will be readily seen that, by the aid of these stringers and rounds, nothing can be easier than 
the mounting and dismounting of the planks, either to change or turn them, or transport them elsewhere. 
Whenever desired the stringers and posts can be so arranged as to leave free spaces (E) as passages to 
facilitate the working of the platform. The planks should be of pine or fir, and from 3.10 to 2.15 meters 
(6 to 7 feet) in length, \>y .20 to .25 of a meter in breadth (8 to 10 inches), and .04 of a meter (about IJ 
inches) in thickness." 



112 

"In order to facilitate tlie adherence of the spawn, planks with a rough surface are used, and the 
rougher the surface, as by gouging it out so as to increase its irregularities, the more easily "can the young 
oyster adhere to it. The sides of the planks can also be covered with a layer of pitch and tar, in which,, 
while it is yet soft, valves of oysters, mussels, or any other shells, which occur abundantly along the 
shore, or bits of coral, or small stones about the size of a nut, can be placed, so as to form a sort of 
artificial rock formation, favoring very much, by the roughened surface and the multiplication of points 
of attachment, the deposition and development of the young animals. This is uuieh preferable to the 
other method, since it preserves the planks from the action of the water and the destructive borings of 
certain worms. and mollusks. In order to afford a still greater number of points of attachment for the 
young germs, the lower face of the planks is covered with fascines of chestnut, oak or other wood, which 
are held close to the planks by means of cords passing through holes in the planks, and fastened upon the 
upper side (see Fig 4). Upon sandy or muddy bottoms the posts which support the stringers can be set 
without difBculty ; but when the bottom is rocky or too hard they cannot be employed. They should 
then be replaced by blocks of stone, G (Fig. 4), about .70 of a meter in height by .25 of a meter in breadth 
and thickness, pierced through by a hole of sufficient -size to receive the ends of the stringers, which are 
fastened there by means of a small block (H) driven in upon the upper side These blocks can then be 
simply placed upon the bottom or fastened there with iron clamps; or the wooden stakes can be employed 
by fixing their lower ends into blocks of stone which, when in place, should be large enough to give 
steadiness to the collector and maintain it in its right position. This form of collector, it is true, is costly 
to establish, and more so from the fact that on account of the long time it must stay in the water it is 
necessary to select firm, solid wood, of good quality, but in its adjustment there is no need of any par- 
ticular nicety of workmanship or finish, and there is, moreover, this advantage, that it lasts a long time, 
and can be used for several harvests. However, in those waters where boring worms and mollusks occur, 
a single season will render the platforms unfit for further service. In this case galvanized iron supports 
can be used in place of the wooden frame-work, and the planks may be replaced by sheets of metal 
having the two faces covered, as already described, with a mixture of pitch and tar, in which valves of 
shells, bits of coral or small stones have been imbedded. The metallic sheet, which forms the body of 
these pitch planks, will give sufficient solidity to the structure, and the supports can be in the form of a 
frame- work, capable of holding at least three sheets, which can be fastened in position by means of bolts ; 
the entire structure may be arranged like a table upon four or eight legs, which can be driven into the 
ground, or fastened into blocks of stone, which will give the desired stability to the whole. These tables 
can be placed in rows according to the configuration of the bed, leaving passages between each two rows 
to facilitate working them. ^ After the spat or germs have been collected upon the planks of the platform 
they can be easily transported either by sea or land. If by sea the planks are taken from the stringers 
and suspended lengthwise and vertically in a frame-work provided with floats, or arranged in the direction 
of the current, like the series of shelves, about one-fourth of a meter apart, and thus kept constantly 
in the water ; in this shape they can be towed without trouble to any distance. When they are trans- 
ported by land the planks are either carried in tanks full of sea-water, or placed between layers of wet sea- 
grass, and when so managed the young oyster can sustain, without serious damage, a journey of one or two 
days. When their destination is reached the young oysters are detached from the planks without trouble, 
as this operation demands only a slight amount of skill and attention? and deposited in the places to be 
stocked ; or the planks may be placed upon supports similar to those whence they were taken, and the 
young oysters allowed to continue their development protected from the mud, and in such a position that 
by turning the planks the conditions of light and areation can be varied to suit the wants or requirements 
of the growing brood." 

" BOX OOLLEOTOE." 

" This apparatus unites the double advantage of presenting in a relatively small compass the greatest 
possible extent of surface for the attachment of germs, and at the same time the most favorable condi- 



113 

tions for the transportation and ultimate development of the young, in the movable and independent parts 
which compose it. It consists, essentially (Plate XIII, fig. 1), of a rectangular box, 2 meters in length 
by 1 meter in breadth and height, and is without any bottom. It is formed of planks (0) placed from 2 
to 3 centimeters apart, or pierced with holes, for the entrance and circulation of water in the interior. 
These planks are permanently maintained in place upon the front and back sides by two cleats (R R), 
extending below the edge of the box, and are nailed to tranverse pieces which pass across the bottom from 
side to side. The ends are pierced by three sets of holes to accommodate the tranverse bars (S), upon 
which in the interior are placed movable frames, dividing the box into superimposed compartments. The 
cover is formed of thinner planks (D), placed side by side, and maintained in position by the bar (T), 
which slides into the two sockets (A), at the ends of the two stakes supporting the ends of the box. It is 
hardly necessary to add that the apparatus should be constructed of solid planks of a durable wood, such as 
oak, and that the fastenings of the parts should be so far as possible, of the same kind of wood, employ- 
ing neither iron nor nails; but if their use is absolutely necessary, then the preference should be o-iven to 
iron or galvanized nails. The frames for the inside are of wood, about four centimeters in thickness, and 
furnished with two handles to facilitate removing. The bottom is covered with brass wire nettino- (Plate 
V, figure 7), the meshes of which are about two centimeters upon a side, and in order to increase the 
strength of the frame and sustain the netting, diagonal wires can be run across from corner to corner or 
a central bar of wood from side to side. These frames are made of such a 'size that when placed side by 
side two of them will form a continuous flooring or division across the box, as shown in Plate XIII, figure 
2, where the front portion of the box has been removed so as to show the arrangement of the interior. It 
is necessary, however, to give sufiicient play to the frames, so that they can be moved at any instant, 
without trouble and without shaking. We herewith give the conditions in which this apparatus is used 
and the method of operation." 

" The box collector is especially valuable when the oyster culturist has no natural bed near at hand 
whence to gather germs, and yet wishes to procure a large number of young to rapidly stock a park or 
live-pond. For he can always, just before the spawning season, have several hundred oysters brouo-ht 
from the bed nearest his basin, since oysters, when they have attained a certain size, will sustain trans- 
portation for several days without damage, provided the precaution is taken to furnish them with water 
now and then. Once in possession of these oysters, in a good location, where the water is calm without 

being stagnant, the bottom pebbly and properly protected from mud, and the light and depth suitable 

or even in an artificial basin of from 1 to 1^ metres in depth, which communicates with the sea at each 
tide — the box is placed upon the bottom in such a manner that the lower transverse pieces rest upon 
stones and the entire lower side is off the ground, enabling a free circulation of water. Four stakes P P 
figure 1, are then driven into the ground, one along the middle of each face of the box, so as to prevent 
any swaying or change of position, by the action of the waves and currents, and maintain the apparatus 
in the same position. The cover is then removed, and sixty mother oysters are deposited upon that por- 
tion of the soil circumscribed by the box, care being taken, if the soil is soft or muddy, to cover it pre- 
viously with empty shells, so that the oyster, when placed there, may not become covered up, but always 
remain in pure water. This done, the two lower stringers, S S, are placed in position, and upon them 
two frames (figure 7) are arranged, which are treated the same as the bottom ; that is, a layer of shells 
is first placed upon them, and then a certain number of mother oysters above and over the shells. The 
second set of stringers is then placed in position, the frame arranged as before, and the oysters distributed 
over them, and, finally, the third set of stringers and frames are arranged and covered with shells (figure 
2), but no oysters are placed upon them. The cover is then placed upon the box and fastened down by 
means of the top bar and the wedges, C, which fasten the ends of the bar in the sockets of the end posts, 
and render the whole apparatus solid and immovable. The apparatus being thus prepared, it is easy to 
conjecture the result. The oysters, under such excellent conditions of existence and in such pure and 
quiet water, soon spawn ; the young growth, finding itself imprisoned, or nearly so, in the various com- 



114 

partments of the box, and coming upon suitable places of attachment near at hand, remain in tlie box 
and dispose themselves nearly everywhere, but from preference upon the sliells covering the frames, and 
proceed in their development under the best possible condition and protected from all danger. In from 
five to six months the young oysters have attained such a size that they can be removed without danger. 
The apparatus is then taken apart, piece by piece, commencing with the cover, and as each tray is removed 
its contents are deposited upon the bottom of a park, live-pond, claire, or such place as one wishes to 
restock or supply. If it is desired to carry them to a distance, the trays can be placed in a floating box, 
pierced with holes, and if arranged in layers, like shelve?, and with sea-weed packed between them, so 
as to prevent the disturbance and shaking incident to movement in the water, they can be towed for long 
distances without danger of injuring the shells of the young oysters or detaching them from their sup- 
ports. And if the trays are packed in boxes, with wet sea-weed between them, they can be transported 
by land very nicely. For one who has limited means at his disposal, and when labor and expense is an 
important consideration, the box collector ought by all means to be given the preference ; by the ingenious 
method of multiplying surfaces, which is its distinctive features, innumerable germs can be hatched out 
in a very restricted space. A small case of a few square metres in area, a small artificial bfisin which 
can be filled at each tide, and a narrow passage-way between two rocks, is amply suiBcient for the pro- 
duction of the thousands of germs necessary for the stocking of a live-pond, or even a larger inclosure ; 
for the possibility of placing two or more of these boxes close together without injury to the oysters or 
the germs which they contain, permits a response to all the demands of the breeder, however restricted 
or extended they may be. Moreover, the apparatus itself, besides being easy to manage, arrange and 
transport, will last for several years, if suitable wood is used in its construction, and if the outside at 
least is protected in some such manner as are the bottoms of vessels, by a sort of sheathing. As to the 
inside, as well as the cross-pieces and the wooden parts of the trays, they can be covered with the mixture 
of tar and pitch already mentioned, and incrusted with shells and stones, which will not only preserve 
them from rapid decay, but also render them suitable places of attachment for the young oysters." 

ON THE KEAKING OF OTSTEKS FEOM AKTIFICIALLT FERTILIZED EGGS. 

If all the spat which attaches itself could be secured and preserved, there would be an immediate 
and rapid increase in the supply, and the account which we have just given shows that it is perfectly 
possible for our people to do this, as it has already been accomplished in France and in Connecticut ; but 
even when all this is done there will still be an enormous waste of oysters. 

Each oyster lays millions of eggs, which soon hatch into very minute and delicate embryos, and the 
greatest mortality occurs at this time in the life of the animal, and thousands of the swimming embryos 
perish by accidents of various kinds for each one which attaches itself. 

We come now to one of the most interesting aspects of the oyster question, and we propose to point 
out that it is perfectly possible to fertilize the oyster eggs artificially and to nurse the young through this 
very dangerous period of infancy by artificial means. .We also propose to show that Americans have 
borne a prominent part in this discovery, as we have already shown that they have done in the develop- 
ment of oyster farming. 

Previously to 1879 nothing was known I'egarding the breeding habits of the American oyster, and 
all our knowledge was based upon the statements of a few naturalists, who had studied the oysters of 
Northern Europe. 

It was believed from these statements that all oysters are hermaphrodite ; that the eggs are fertilized 
inside the body of the parent, and that they pass through their early stages of development while sheltered 
and protected within the shell of the mother, and that the rearing of oysters by artificially fertilizing the 
eggs, as is done with fishes, is, therefore, impossible. 

In 1879 one of your commissioners showed that this is not true of the American oyster; that the 



115 

sexes are separate ; that the eggs are fertilized outside the body ; that the young are independent of 
parental protection, and that they can be reared artificially in enormous numbers. 

These discoveries, which prove the possibility of rearing oysters artificially' were published in the 
report of the Maryland Fish Commission for 1880, and Ingersoll, in his " Report on the Oyster Industry 
of the United States," gives a condensed popular summary of this paper, which is here reproduce d. 

'■'■Reproduction mul embryology. — An account of the life-history of the oyster should begin with the 
beginning — the egg — out of which this niollusk, like everything else from mussel to man, is born. And 
in this matter of oyster-breeding I must rely upon and again quote at length the researches of Dr. 
Brooks, since he is easily in advance of all students in his knowledge of this subject. During the sum- 
mer of 1880, at his seaside laboratory, Crisfield, Maryland, and subsequently Dr. Brooks made microscopic 
studies on the embryology of the oyster, which were published, with figures, in the Report of the 
Maryland Fisheries Commission for 1880, and in the memoirs of the Johns Hopkins University. These 
investigations were of the most painstaking description, and may be accepted as satisfactorily portraying 
the true method of reproduction of the American oyster, Ostrea virginiana, although showing it to be 
essentially diflerent from that of the oyster of Europe, Ostrea edulis. It is my duty as well as pleasure, 
consequently, to set forth with as great accuracy as condensation and a popular treatment of the subject 
will permit the statement of Dr. Brooks." 

" If several oysters are opened during the breeding-season, which varies, as will hereafter be shown, 
a few will be found with the reproductive organ greatly distended and of a uniform opaque white color. 
These are oysters which are spawning or ready to spawn, that is, to discharge their eggs. Sometimes the 
ovaries will be so gorged that the ripe eggs will ooze from the openings of the oviducts before the mass 
is quite at the point of being discharged. If the point of a knife be pushed into the swollen ovary, a 
milk-white fluid will flow out of the cut. Mixing a little of this with sea-water and placing it on a slide 
underneath a cover, a lens of 100 diameters will show, if the specimen is a female, " that the white fluid 
is almost entirely made up of irregular, pear-shaped, ovarian eggs, each of which contains a large, circu- 
lar, transparent germinative vesicle, surrounded by a layer of a granular, slightly opaque yolk.' Per- 
fectly ripe eggs will be seen to be clean, sharply defined and separate from each other. If the specimen 
be male, a glance through the microscope shows something quite different from the fluid of a female. 
'There are no large bodies like the eggs, but the fluid is filled with innumerable numbers of minute 
granules, which are so small that they are barely visible when magnified one hundred diameters. They 
are not uniformly distributed, but are nmch more numerous at some points than at others, and for this 
reason the fluid has a cloudy or curdled appearance. By selecting a place where the granules are few and 
pretty well scattered, very careful watching will show that each of them has a lively dancing motion, and 
examination with a power of 500 diameters will show that each of them is tadpole-shaped, and consists 
of a small, oval, sharply defined ' head,' and a long, delicate ' tail,' by the lashing of which the dancing is 
produced.' These are the spermatozoa, or ' male cells,' whose union with the eggs or ova of the female 
is necessary to the fertilization of the latter, and the consequent hatching of living oysters." 

" Again quoting from Dr. Brooks : " 

" The number of male cells which a single male will yield is great beyond all power of expression, 
but the number of eggs which an average female will furnish may be estimated with sufficient exactness. 
A single ripe egg measures about one five-hundredths of an inch in diameter, or five hundred laid in a 
row, touching each other, would make one inch ; and a square inch would contain five hundred such 
rows, or 500 ty 500=250,000 eggs. Nearly all the eggs of a perfectly ripe female may be washed out of 
the ovary into a beaker of sea-water, and as they are heavier than the sea-water, they soon sink to the 
bottom, and the eggs of a medium-sized female will cover the bottom of a beaker two inches in diameter 
with a layer of eggs one-twentieth of an inch deep. The area of the bottom of a beaker two inches in 
diameter is a little more than three square inches, and a layer of eggs one-twentieth of an inch deep, 
covering three square inches, is equal to one three-twentieths of an inch deep and two square, and as a 



116 

single layer of eggs is one five hundredths of an inch thick, a layer of three-twentieths of an inch 
thick will contain seventy-live layers of eggs, with 250,000 eggs in each layer, or 1 8,750,000 eggs. It is 
difficult to get the eggs perfectly pure, and if we allow one-half for foreign matter and errors of measure- 
ment, and for imperfect contact between the eggs, we shall have more than nine millions as the number 
of eggs laid by an oyster of average size, a number which is probably less than the true number." 

" Mobius estimates the number of eggs laid by an average European oyster at 1,012,'J25, or only one- 
ninth the number laid by an ordinary American oyster, but the American oyster is very much larger 
than the European, while its eggs are less than one-third as large, so the want of agreement between 
these estimates does not indicate that either of them is correct.* Another estimate of the number of 
eggs laid by the European oyster is given by Eyton {History of the Oyster and Oyster Fisheries, by T. 
C. Eyton, London, 1858). He says, page 21, that there are about 1,800,000, and therefore agrees pretty 
closely with Mobius." 

" An unusually large American oyster will yield nearly a cubic inch of eggs, and if these were all 
in absolute contact with each other, and there were no portions of the ovaries or other organs mixed with 
them, the cubic inch would contain 500", or 1 l'5,000,000. Dividing this, as before, by two, to allow for 
foreign matter, interspaces and errors of measurement, we have about 60,000,000 as the possible number 
of eggs from a single oyster." 

"Although each male contains enough fluid to fertilize the eggs of several females, there does not seem 
to be much diflerence in the number of individuals of the two sexes. "When a dozen oysters are opened 
and examined, there may be five or six ripe females and no males, but in another case a dozen oysters 
may furnish several ripe males, but no females, and in the long run the sexes seem to be about equally 
numerous. Oystermen believe that the male may be distinguished from the female by certain character- 
istics, such as the presence of black pigment in the mantle, but microscopic examination shows that these 
marks have no such meaning, and that there are no difl'erences between the sexes except the microscopic 
ones. It is not necessary to use the microscope in every case, however, for a little experience will enable 
a sharp observer to recognize a ripe female without the microscope. If a little of the milky fluid from 
the ovary of a female with ripe or nearly ripe eggs, be taken upon the point of a clean, bright knife-blade, 
and allowed to flow over it in a thin film, a sharp eye can barely detect the eggs as white dots, while the 
male fluid appears perfectly homogeneous under the same circumstances, as do the contents of the ovary 
of an immature female, or one which has finished spawning. When the eggs are mixed with a drop of 
water, they can be diflPused through it without difiiculty, while the male fluid is more adhesive and diflii- 
cult to mix with water. By these indications, I was able, in nearly every case, to judge of the sex of the 
oyster before I had made use of the microscope." 

" Sexual Differences. — This question of sex, and the condition under which impregnation takes place 
in oysters, must next be considered. To this question Dr. Brooks devoted himself with special attention." 

" About all the published information upon the subject referred to the European species, and stated 
that, by means of spermatozoa, discharged into the water by neighboring oysters, and sucked within the 
shell, the eggs are fertilized inside the body of the parent, and that the young are carried inside the par- 
ent shell until they are quite well advanced in development and provided with shells of their own ; that they 
swim about after they are discharged from the parent until they find a place to attach themselves, but that 
they undergo no change of structure between the time when they leave the parent and the time when 
they become fixed. Misled by these statements. Dr. Brooks opened many oysters during the summer of 
1878, and carefully examined the contents of the gills and mantle chambers, but found no young oysters. 
' I concluded,' he says, ' that the time during which the young are carried by the parent must be so short 
that 1 missed it, and I entered upon the work this season with the determination to examine adult oysters 



" *M5bius' measurement, from 0.15 to 0.18 millimeters, is given (Austern und Austern-wirtscliaft, 1877) as the diameter not of 
the egg, but of the embryo, but his figures show that the European oyster, like the American, does not grow much during the 
early stages of development, but remains about the same size as the egg." 



EXPLANATION OF PLATE XI. 

FiGUKE 1. — A bundle of branches anchored over the spawning oysters, to furnish attachment for 
the spat. 

Figure 2. — A fragment of one of these branches, natural size, covered with young oysters. 

(Wf are iudebted to Prof. S. F. Baird for the upp of cuts of theee ligures, whicli are copied from Coste's Report.) 



REPORT MARYLAND OYSTER COMMISSION; 



PLATE XL 





117 

every day, through the breeding season, in search of j'oung, and at the same time to try to raise the 
young for myself by artificially fertilizing the eggs after I had removed them from the body of the parent.' 
The result of a diligent practice of the first of these resolutions surprised him. In the first place he 
proved anew the generally disputed doctrine that oysters are not hermaphroditic ; in other words, that 
each oyster is, at the breeding season, either a male or a female." He writes: 

"'During my investigations I submitted more than a thousand oysters to microscopic examination. 

My studies were carried on during the breeding season, and I did not find a single hermaphrodite. The 

male cells are so small compared with the eggs, tluit it would be impossible to state that a mass of eggs 

• taken from the ovary contained no spermatozoa, although they could not escape detection if they were at 

all abundant.' " 

" On the other hand, a single egg in the field of the microscope, in a drop of male fluid, would be 
very conspicuous, and could not escape detection ; and the fact that not a single case of this kind occurred, 
is suflicient to establish the distinctness of the sexes at the breeding season." 

" Further than this, he discovered that although the American oyster seems well adapted to follow 
the European species, and various other marine and fresh water Lamellibranchs, to draw into its mantle 
chamber, with the sea water, the spermatozoa discharged from the mantle chambers of neighboring oysters, 
and thus to bring about the fertilization of the egg inside the cavity of the shell, this does not seem to occur. 
He affirms this very positively, and scientific men generally have accepted the conclusions as facts. I 
quote the words of one paragraph relating to it : 

" ' I have carefully searched the gills and mantles of more than a thousand oysters, at a time when 
the reproductive organs were plainly seen to be discharging their ripe contents, and have not found a 
single fertilized egg or embryo in any part of the mantle chamber, in or on the gills, or anywhere else 
inside the shell. This negative evidence, together with the fact that the eggs can be hatched after they 
have been artificially removed from the ovaries, seem sufficient to y>rove, in the absence of all evidence to 
the contrary, that the eggs of the American oyster undergo development in the open ocean ' " * 

" That is to say, during all the period when the young of the European oyster is being safely nur- 
tured inside the mantle-cavity of its parent, and protected from all harm by its strong shells, our infant 
oysters swim at large in open ocean — -if lucky enough to get himself born at all from the egg which is 
sent abroad unfertilized, to meet a chance male cell and so become impregnated and start into life, if for- 
tune favors." 

" Experiments in artificial fertilization. — As has been hinted. Dr. Brooks spent much of his time 
and efibrts at the laboratory in experimenting upon the artificial fertilization of oysters, by mixing eggs 
extracted from a female with spermatozoa from a male. He found it an easy matter to secure their union, 
and made bis embryological studies from eggs and embryos thus cultivated, in a watch crystal or in a glass 
beaker. He gives- minute directions as to the proper method for repeating these experiments, which those 
having a microscope can easily iindertake, but which may be omitted as not pertinent here." 

" Development of the young oyster. — The next step, having got the eggs, or learned their nature, is 
to examine their fertilization and development. Dr. Brooks writes : " 

" The body of the oyster, like that of all animals, except the very simplest, is made up of organs, 
such as the heart, digestive organs, gills and reproductive organs, and these organs are at some period in 
the life of the oyster made up of microscopic cells. Each of these consists of a layer of protoplasm 
around a central nucleus, which, in the egg, is a large, circular, transparent body, known as the germinative 

*" Writing concerning his work in 1881, Mr. .John A. Ryder remarlis: ' No evidence to sliow that our oyster is hermaphro- 
dite was found during the entire season, nor were my searches for embryo or eggs, in the mantle or in the gills, more successful 
than those carried on two years before by Piofessor Brooks. There is no doubt whatever that the oyster of Europe nurses its 
young on its mantle or gills for some time, nor can we well question the very high authority of MObius for saying that in most 
cases the sexes are separate, and that only one kind of products, viz.: either eggs or spermatozoa, are at any time found in the generative 
organs. Lacaze Duthier's observations seem to confirm the conclusions of Mftbius.' — Report of T. B. Ferguson, a commismner of 
JUheries of Maryland, Jan-uary, 1881, pa^e 14." 
16 



118 

veslclu. Kafli eel! of the body is able to absorb food, to grow and to luuUipiy by division, and thus 
to cMjutribute to the growth of the organ of which it forms a part. The ovarian eggs are simply the 
cells of an organ of the body, the ovary, and they differ from the ordinary cells only in being much 
larger and more distinct from each other; and they have the power, when detached from the body, of 
throwing and dividing up into cells, which shall shape themselves into a new organism like that from 
whose body the egg came. Most of the steps in this wonderful process may be watched under the 
microscope, and owing to the case with which the eggs of the oyster may he obtained, this is a very 
good egg to study." 

"About fifteen minutes after the eggs are fertilized they will be found to be covered with male 
cells. In about an hour the egg will be found to have changed its shape and appearance. It is now 
nearly spherical, and the germinative vesicle is no longer visible. The male cells may or may not 
still be visible upon the outer surface. In a short time a little transparent point makes its appear- 
ance on the surface of the egg, increases in size, and soon forms a little projecting transparent knob — 
the jjolar globule. 

" liecent investigations tend to show that while these chauges ai'e taking place one of the male 
cells penetrates the protoplasm of the egg and unites with the germinative vesicle, which does not 
disappear, but divides into two parts, one of which is pushed out of the egg and becomes the polar 
globule, while the other remains behind and becomes the nucleus of the developing egg, but changes 
its appearance so that it is no longer conspicuous. The egg now becomes pear-shaped, with the polar 
globule at the broad end of the pear, and this end soon divides into two parts, so that the egg is now 
made of one large mass and two slightly smaller ones, with the polar globule between them." 

" The later history of the egg shows that at this early stage the egg is not perfectly homogeneous, 
but that the protoplasm which is to give rise to certain organs of the body has separated from that 
which is to give rise to others." 

" If the egg were spilt vertically we should have what is to become one-half of the body in one 
part and the other half in the other. The single spherule at the small end of the pear is to give rise to 
the cells of the digestive tract of the adult, and to those organs which are to be derived from it, while 
the two spheres at the small end are to form the cells of the outer wall of the body and the organs 
which are derived from it, such as the gills, the lips and the mantle, and they are also to give rise to 
the shell. The upper portion of the egg is to become the ventral surface of the adult oyster, and the 
surface which is on the right side is to become the anterior end of the body of the adult. The upper 
portion of the Qgg soon divides up into smaller and smaller spherules until we have a layer of 
small cells wrapped around the greater part of the surface of a single large spherule. This spherule 
now divides up into a layer of cells, and at the same time the egg, or rather the embryo, becomes flat- 
tened from above downward, and assumes the shape of a flat oval disk. In a sectional view it is seen 
to be made up of two layers of cells; an upper layer of small transparent cells, which are to form the 
outer wall of the body, and which have been formed b}^ the division of the spherules which occupy 
the upper end of the egg, and a lower layer of much larger, more opaque cells, which are to become 
the walls of the stomach, and which have been formed by the division of the large spherule." 

" This layer is seen in the section to be pushed in a little toward the upper layer, so that the lower 
surface of the disk-shaped embryo is not flat, but very slightly concave. This concavity is destined to 
grow deeper until its edges almost meet, and it is the rudimentary digestive cavity. A very short 
time after this stage has been reached, and usually within from two to four hours after the eggs were 
fertilized, the embryo undergoes a great change of shape." 

"A circular tuft of long hairs, or cilia, has now made its appearance at what is thus marked as 
the anterior end of the body, and as soon as these hairs are formed they begin to swing backward and 



, 119 

forward in such a way as to constitute a swimming organ, which rows the Httle animal up from the 
liottoni to the surface of the water, where it swims around very actively by the aid of its cilia. This 
stage of development, which is of short duration, is of great importance in rearing the young oysters, 
for it is the time when they can best be siphoned oif into a separate vessel and freed from the danger 
of being killed by the decay of any eggs which may fail to develop. On one surface of the body at 
this stage, the dorsal surface, there is a well-marked groove, and when a specimen is found in a proper 
position for examination, the opening into the digestive tract is found at the bottom of this groove. 
Figure 33 is a sectional view of such an embryo. It is seen to consist of a central cavity, the diges- 
tive cavitj, which opens externally on the dorsal surface of the body by a small orifice, the primitive 
mouth, and which is surrounded at all points, except at the mouth, by a wall which is distinct from 
the outer wall of the body. Around the primitive mouth these two layers are continuoiis with each 
other." 

" This stage of development, in which the embryo consists of two layers, an inner layer sur- 
rounding a cavity which opens externally by a mouth-like opening, and an outer layer which is con- 
tinuous with the inner around the margins of the opening, is of very frequent occurrence, and it has 
been found, with modifications, in the most widely separated groups of animals, such as the stai'fish, 
the oyster, and the frog, and some representatives of all the larger groups of animals, except the 
Protozoa appear to pass during their development through a form which may be regarded as a more 
or less considerable modification of that presented by our oyster-embryo. This stage of development 
is known as the gastrula stage." 

"Cei-tain full grown animals, such as the fresh-water hydra and some sponges, are little more 
than modified gastrulas. The body is a simple vase, with an opening at one end communicating with 
a digestive cavity, the wall of which is formed by a layer of cells, which is continuous around the 
opening with a second layer, which forms the outer wall of the body. This fact, together with the 
fact that animals of the most widely separated groups pass through a gastrula stage of development, 
has led certain naturalists to a generalization, which is known as the 'gastrula theory.' This theory 
or hypothesis is that all animals, except the -protozoa are more or less direct descendants of one 
common but very remote ancestral form, whose body consisted of a simple two-walled vase, with a 
central digestive cavity opening externally at one end of the body." 

"The edges of the primitive mouth of the oyster continue to approach each other, and finally 
meet and unite, thus closing up the opening and leaving the digestive tract without any communica- 
tion with the outside of the body, and entirely surrounded by the outer layer. The furrow in which 
the primitive mouth was placed still persists, and soon a small irregular plate makes its appearance at 
each end of it. These little plates are the two valves of the shell, and in the oyster they are separated 
from each other from the first, and make their appearance independently." 

" Soon after they make their appearance the embryos cease to crowd to the surface of the water, 
and sink to various depths, although they continue to swim actively in all directions, and may still be 
found occasionally close to the surface. The region of the body which carries the cilia now becomes 
sharply defined, as a circular projecting pad, the velum, and this is present and is the organ of locomo- 
tion at a much later stage of development." 

"The two shells grow rapidly and soon become quite regular in outline, but for some time they 
are much smaller than the body, which projects from between their edges, around their whole circum- 
ference, except along a short area, the area of the hinge, upon the dorsal surface, where the two 
valves are in contact." 

" The two shells continue to grow at their edges, and soon become large enough to cover up and 
project a little beyond the surface of the body, and at the same time muscular fibres make their 
appearance and are so arranged that they can draw the edge of the body and the velum in between 



120 • 

the edges of the shell. In this way that surface of the body which lines the shell becomes converted 
into the two lobes of the mantle, and between them a mantle cavity is formed, into which the velum 
can be drawn when the animal is at rest. While these changes have been going on over the outer 
surface of the body, other important internal modifications have taken place." 

" We left the digestive tract without any communication with the exterior. Soon the outer wall 
of the body becomes pushed inward, to form the true mouth. The digestive cavity now becomes 
greatly enlai'ged, and cilia make their appearance upon its walls, the mouth becomes connected with 
the chamber which is thus formed, and which becomes the stomach, and minute particles of food are 
drawn \n by the cilia, and can now be seen inside the stomach, where the vibration of the cilia keep 
them in constant motion. Up to this time the animal has developed without growing, and is scarcely 
larger than the unfertilized egg, but it now begins to increase in size." 

" Soon after the mouth has become connected with the stomach this becomes united to the body- 
wall at another point a little behind the mouth, and a second opening, the anus, is formed. The tract 
which connects the anus with the stomach lengthens and forms the intestine, and, soon after, the sides 
of the stomach become folded otF to form the two halves of the liver, and various muscular fibers now 
make their appearance within the body." 

"All my attempts to get later stages than these have fiiiled, through my inability to find any way 
to change the water without losing the young oyster, and I am therefore unable to describe the man- 
ner in which the swimming embryo becomes converted into the adult, but I hope that this gap will 
be filled, either by future observations of my own or by those of some other embryologist." 

" Such is the scientific history of the oyster-embryo. The practical utility of the knowledge, 
however, to the most of us, is that the American oyster lays a vast number of eggs, but that they are 
exposed to dangers so constant and innumerable, that under ordinary conditions few ever come to 
life, or at any rate succeed in living long enough to anchor themselves and take on the protection of 
shells. This is only another example of a fact well-known to naturalists, and occurring widel;f among 
animals of low grade. The number of eggs laid, or even of individuals born, has very little to do 
with the abundance of a species, which is ' determined, mainly, by the external conditions to which it 
is exposed.' " 

"ij/e of the Young Oyster. — The young American oyster leads a peculiarly precarious time, since 
it is first thrown out an unfertilized egg, and the chance that it will immediately meet with a male 
cell must be very slight; yet if it does not it will perish, for the sea-water destroys unimpreguated 
eggs within a few minutes after contact with it. Having by good chance become fertilized by meet- 
ing a male cell, the next period of great danger is the short time during which the embryos swarm to 
the surface of the water. They are so perfectly defenseless, and so crowded together close to the sur- 
face, that a small fish, swimming along with open mouth, might easily swallow, in a few mouthfuls, 
a number equal to a year's catch. They are also exposed to the weather, and Dr. Brooks found that 
a sudden cold wind or fall in temperature, as occurred several times during his experiments, killed 
every embryo in his care. The number which are destroyed by cold rains and winds must be very 
great indeed. As soon as they are safely past this stage and scatter and swir(i at various depths, their 
risks from accidents and enemies are. greatly diminished. Up to this point, which is reached in from 
twenty-four hours to six days, there is no difficulty in rearing them in an aquarium, pro\'ided uniform 
warm temperature be preserved." 

Although we fiiiled to keep the young oysters alive until they were large enough to Ijandle and 
plant, our experiments showed the possibility of rearing them in unlimited numbers, so soon as some 
practical method of preserving them alive during their infancy should be discovered. 

The next great step in this direction is due to Lieut. Winslow. While we were carrying on our 
experiments at Crisfield, in 1879, this officer was engaged in examining the oyster beds of Tangier 



121 

Sound, and he made frequent visits to our laboratory' and learned our methods. The next year, while 
stationed at Cadiz, Spain, on naval duty, he repeated the experiments with Portuguese oysters, and 
showed that these like the American oysters have the sexes separate, and that the eggs are fertilized 
in the water; that the young are independent of parential protection, and that they can be artificially 
reared like the oysters of our waters. His results were given in a paper which was read before the 
Maryland Academy of Sciences, in November, 1881, and this paper was afterwards printed in the 
American Naturalist. 

The next great step was the discovery of a simple and practical method of rearing the young 
oysters which are hatched artificially, and this step, which completes the solution of the problem and 
puts it within our power to remove forever all danger of the extermination of the oyster, is the contri- 
bution of a French naturalist, M. Bouchon-Brandeley. This author, like Winslow, experimented with 
the Portuguese oysters, and while he does not seem to have been acquainted with Wiuslow's paper, he 
arrived at the same conclusion, and showed that the sexes are separate, that the eggs are fertilized in 
the water, and that the young may be hatched artificially, but he also went one step further, and suc- 
ceeded in rearing in this way a very great number of seed oysters fit for planting. 

His paper was translated by J. A. Ryder, and printed April 19, 1883, in the Bulletin of the U. S. 
Fish Commission. The following extracts from this translation show the character of the methods 
which are employed, and the results which were obtained : 

" REPORT RELATIVE TO THE GENERATION AND ARTIFICIAL FECUNDATION OF OYSTERS, ADDRESSED 

TO THE MINISTER OF THE MARINE AND THE COLONIES." 

" BY M. BOUCHON-BRANDELET," 

" Secretary of the College of France." 

^'■Journal offidel de la Republigue Francaise. December 16 and 17, 1883, pp. 6762-0764 and 6778-6783 Translated with notes, 
by John A. Ryder, in the bulletin of the U. S. Fish Commission, April 19th, 1883." 

" Since the creation of the ostracultural industry, the administration of the marine has not ceased 
by divers means, grants of money, missions, etc., to encourage all attempts having for their object the 
development of this industry. It is undoubtedly to this that ostraculture owes its present prosperity 
and the constant progress it has realized, a progress which was shown in so worthy a manner at the 
exposition at Bordeaux." 

" Faithful to this tradition, you have been good enough, monsieur, to authorize us, under your 
auspices and with j'our encouragement, to make the investigations of which we herewith present 
an account." 

" The mollusk, known under the name of the Portuguese oyster, has not existed upon our coast 
for more than thirty years." 

" It is superfluous to here describe their external form, in that it does not recall that of 
0. edulis." 

" In respect to sexuality, the difterence between these two moUusks is very great; most radical. 
Ostrea edulis is hermaphrodite; 0. angulata is unisexual or diiEcious. We have opened more than 10,000 
in all phases of reproductive activity, and we have not seen a single one of the latter of which the sex 
was doubtful. They were all either exclusively male or exclusively female." 

"No less marked is the difterence in the mode of reproduction. The eggs of the common oyster 
are fecundated within the valves of the parent, apparently within the openings of the oviducts; those 
of the Portuguese species on the bosom of the waters. The first cannot develop outside of the incuba- 
tory cavity of the parent ; the second undergo their development in the open currents. The larvae of 



122 

0. cdidl-s, in order to live, develop and attain the errant or pelagic stage of their existence, are depend- 
ent upon the albuminous liquid secreted bj' the mother ; those of 0. a»^«fata, more vigorous, more 
independent, and altogether more active, transport themselves into the living waters to there take up 
the nutritive matters which are necessary to transform them into spat." 

" ATTEMPTS AT ARTIFICIAL IMPREGNATION." 

"When after two years we had learned for a certainty that the sexes of Ostrea angulata were con- 
fined to separate individuals, we immediately conceived that it was possible to artificially fertilize the 
eggs of this mollusk. We wore likewise encouraged by the experiments which Brooks, of the Johns 
Hopkins University, of Baltimore, had made upon Ostrea virginka, likewise unisexual, and which had 
enabled him to follow the development of the embryos to the formation of the shell." 

"We began some experiments in the laboratory of emhryogeny of the College of France, which, 
without being conclusive, indicated none the less the path to be pursued, and the manner in which 
our experiments were to be conducted. In the course of the same year these experiments were 
repeated at Arcachon without much success. Last year we obtained mobile larvse for the first time. 
The observation much surprised us ; we had not long to wait, for after an incubation of only twelve 
hours, a precocious outward manifestation of life was apparent, for already in this phase of their evo- 
lution these larvae presented an appearance which left no doubt as to their definitive form." 

"At the end of last season we little thought, considering the slowness with which our studies 
had progressed, that we would be able in a single campaign to solve the problem of artificial fertiliza- 
tion applicable to the ostracultural industry; we were also not at first assured of our ability to pro- 
duce the manifestation of the phenomena which we have observed with so much interest and upon 
which rested our hope of final success." 

"In recommencing the work we were obliged to make choice of a convenient station for our 
experiments. The station of Verdon, situated on the left bank of the Gironde, at a distance of 
several kilometers from the mouth of the river, seemed to us to combine all the desired advantages. 
We were assured of finding there the oysters fitted for spawning, as well as suitable water. In fact, 
the first attempt which we made in artificial impregnation in fourteen hours afterwards resulted in 
the production of mobile larvi¥, notwithstanding that the season for the fry had not yet arrived, com- 
mencing at least a mouth later." 

"M. Tripota, one of the veteran ostraculturists, and at the same time one of the most competent, 
very willingly, at the request of the commissioner, M. Jouan, placed at our disposal, with a grace and 
disinterestedness for which we are under great obligations, two beautiful unsubmersible claires, 
which received fresh water for several days during the spring tide, and which were soon arranged 
for our use by means of some slight internal alterations. Separated from each other by a straight, 
massive wall of earth, these two ponds, with an area of about 100 meters each, and an average depth 
of 80 centimeters to 1 meter (27 inches to 3 feet), were placed in communication by means of a pipe, 
which was closed at either end by a sponge to keep out any sediment in suspension in the water. In 
this manner all doubt as to the origin of the spat which was collected was guarded against." 

" For the outlet, an apparatus consisting of a wall of fine sand confined by boards permitted the 
water to percolate through it, hut prevented the embryos from escaping with it. The lowermost 
claire only was utilized in our experiments. The uppermost claire, in which we stored the water 
whenever it was possible, served as a reservoir from which to decant, the supply pipe allowing 
nothing to pass into the experimental claire except clear water." 



123 

"Tliis arraiigenient completed, the products of artificial fecundation, impregnated in various 
wavs, were [)Oured into the experimental reservoir. This took place in the second week in June." 

" .\ccordiug to our belief, we hoped to find some spat on the collectors placed in the experimental 
claire at the end of the same month or bj- the beginning of the month of July. M. Tripota, who 
had taken an actiye part in the work, and who took my place in my absence, continued to supply the 
claire with fertilized eggs and mobile embryos." 

"The time assigned for experimental proof having arrived, the collectors wore examined, but 
they did not bear any apparent trace of spat. This was a deception. Meanwhile, thinking that the 
season for the fry had not yet begun in the Gironde, we expected happier results from our final exper- 
iments. The claire was emptied, and some modifications were introduced in the management of the 
water, and from day to day mixtures of the generative products were again poured into the claire." 

" On the 24th July the tiles were examined. This time all had spat attached. It was therefore 
evident that the first experiments had not been as unsuccessful as we had supposed. In fact, each of 
the tiles immersed had young oj'sters attached to the number of twenty or thirty, measuring about a 
centimetre (two-fifths of an inch) in diameter. This spat was evidently derived from the spawn put 
out during the end of June or the commencement of July; but their small size had prevented us from 
seeing them when the inspection was made at that time. On the 24th July we had specimens about 
a month old. This fact was all the more remarkable, in that, up to that same time, the collectors 
placed in the Gironde, in the very center of the spawning beds, did not show a sign of spat." 

" The problem which we had put before ourselves had accordingly received, from a scientific and 
practical point of view, a solution in conformity with our hopes. It was possible to obtain spat by 
means of artificial fecundation and to capture it in confined waters. And we no longer had the 
slightest reason to doubt the identity of that which had caught on our tiles, nor to suppose that it 
came from the waters without, since there was as yet none apparent in the Gironde, and the tiles in 
the upper claire, which served to feed the experimental claire, were completely exempt." 

" If in forcing nature's processes, we arrlve-at the same result, that is, provoke the birth of the 
young before the time of the normal emission of the spawn, there is all the more reason for us to sup- 
pose that we have an excellent means to aid and favor her." 

" In pursuing our researches in the establishment of M. Tripota, we did well to vary our means 
of investigation whenever the same bore upon the industrial aspects of the work." 

" On the rights (parks) along the Canal de Coifteiller, and fed by it, there exists old salt 7narslies, 
for the most part abandoned, or used for other purposes than formerly, some of which have been 
transformed into reservoirs for fishes. Those which we appropriated were about tv.-o kilometers from 
the river and from the locality chosen at Yerdon, and received fresh supplies of water during the 
spring tides. They consisted of numerous compartments, varying in depth and communicating by 
wide trenches cut into the banks separating them from each other. Their total extent somewhat 
exceeded a hectare. During the new and full moon the gate controlling the supply was opened to 
aWow the fish carried by the current to enter and to renew the water. This maneuvre was repeated 
nuiiiy tunes during the tide. On account of the situation occupied by this marsh along the exposed 
shores of the Gironde, the water is never stagnant, even at the time of the neap tides. The sea 
breezes and winds which follow the course of the river aerate it perpetually and agitate its surface. 
Those which we had chosen measured 5 to feet in depth at the center and 2 to 3 along the margin. 
Stakes placed at intervals sui)ported the fragments of tiles suspended with iron wii-e." 

" From the hegimiing of July to the end of August, M. Gassiau, school-master at Verdon, who 
assisted us during the entire campaign, with an intelligence, zeal, and devotion worthy of the highest 



124 

praise, took care to pour into the inclosures, several times a week, the products of the artificial fecun- 
dations which he prepared with rare skill and certainty. Three hundred oysters only were used in 
these experiments." 

" On the 8th of August he visited the collectors, and observed on all of thejn, withoul: exception, 
hundreds of young oysters, measuring one-half to two millimeters in diameter (^ to ,\ of an inch). 
The spat grown from each of the successive lots of fertilized spawn could be distinguished hy its size, 
which corresponded to its age. Having the curiosity to know how many fixed themselves to one tile, 
we counted more than eight hundred on a single piece of tile, of which the size was one-fifth that of 
an entire one. This time our success was complete." 

"Up to the end of August, the time when the oysters iiad nearly all spawned, the spat continued 
to attach itself just as abundantly to all kinds of collectors with which it came in contact indiscrimi- 
nately, fragments of tiles, pieces of wood, boards, &c." 

" Doubt was no longer possible. The pessimists asked whether our nurslings would grow and 
develop equal to those which were naturally collected on the banks of the Gironde. We responded 
to this objection by sending some of the tiles to be placed in the parks at Arcachon, where they 
remained for a month and a-half " 

" These tiles and fragments of tiles figured at the end of September in the exposition at Bordeaux 
by the side of those which had been brought by MM. Tripota and Gassiau." 

"We also found tl^^t the spat born in the beginning of July, in the closed claire, measured from 
three to four centimeters in diameter, and that which was collected in the salt-marsh by the end of 
July and during the month of August had attained the dimension of one centimeter (two-fifths of an 
inch) in diameter. Finally, during the early part of October, we had the honor of presenting to the 
minister of marine a tile upon which two thousand young oysters could be counted, measuring from 
one to two centimeters (two-fifths to four-fifths of an inch) in diameter." 

"It now remained for us to make a final demonstration. It was necessary' to prove that the spat 
which was collected did not primarily emanate from the banks in the Gironde, but was the result of 
the artificial fecundations practiced under our care. This proof was evidently superfluous after what 
had taken place in the closed and poorly aerated waters of the claire where we had in the first place 
established ourselves. We knew, in fact, that the person who cultivated the marsh had attempted in 
vain, two or three years befoi-e, to collect spat. But, in undertaking this counter-experiment, we had 
a two-fold object in view, viz, to clear up all doubts, if still such existed, as to the value and advanta- 
ges of the method of artificial fecundation, and fhat of creating a sentiment in its favor. This proof 
had to be conclusive." 

"At the entrance to a fish-pond close to the one- used by us, of nearly the same extent, similarly 
arranged and receiving water from the same canal, had been placed the tiles upon which it was 
thought the spat coming from the river would not fail to attach itself. At that time the oysters were 
in the height of reproductive activity; the collectors in the Gironde were being charged with spat, 
and ours in the other pond were being covered as fast as and in the proportion that they were 
immersed. We expected to find some young oysters on the collectors put down as a test. There 
was nothing on them, however; these collectors remained completely free of all traces of spat." 

After the successful results of these experiments the only thing which remained was to show that 
they can be successfully repeated in our own waters, and after translating Braudeley's paper, Mr. J. 
A. Ryder constructed on the coast of Maryland a similar pond, in which he placed a number of artifi- 
cially fertilized eggs, and on September 6, 1883, he reported that these young oysters had grown and 
thriven as they had done in France. 



EXPLANATION OF PLATES XII AND XIII. 

The cuts upon tliese two plates are from Coste's Report. 

PLATE XII — FiGTJBE 1. — Artificial oyster bed, surrounded by stakes for the attachment of the spat. 

FiGUEE 2. — Stakes planted in a straight line and united by a rope, to which bunches of branches are 
suspended, to furnish an attachment for the young oysters. 

Figure 3. — Knife for removing the young oysters from the tile collectors. 

Figure 4. — Platform collector for muddy bottoms. 

PLATE XIII. — Outside view and internal arrangement of box collector, for collecting a great num- 
ber of oysters in a small space. The box is filled with trays, like those shown in Figure 7 of Plate V, 
and these trays are filled with shells and spawning oysters. 

(We are indebted to Profeesor S. F. Baird for the use of those two plates.) 



REPORT MAHYtAND OYSTER COMMISSION. 



PLATE Xn. 



I JL l..Lt| 




^.^'''^V 




HKKmHTmEaiiaii^^ 



.-..j-ulil*^ 




EEPORT MARYLAND OYSTER COMMISSION. 



PLATE XIIL 





126 

His paper waR printed in the Bulletin of the United States Fish Commission, September 6. 1888, 
and from it we make the following extracts : 



REARING OYSTERS FROM ARTIFICIALLY FERTILIZED EGGS, TOGETHER WITH NOTES ON POND-CULTURE, AC. 

BY JOHN A. RYDER. 

" The desirability of testing the breeding of oysters in ponds in the United States, as practiced 
for many years past in France, has long been a desideratum." 

" In order to test the feasibility of such a method on a scale large enough to give us practical 
results, an arrangement to carry out such a scheme was finally effected with the Eastern Shore Oyster 
Company in June of the present year. The beds near where the work was undertaken are owned by 
Messrs. Pierce & Shepard, who afforded the writer every opportunity to carry on his investigations, 
and also aided him very materially in the work of experiment. A pond was excavated in the salt 
marsh on the shore of Chincotegue Bay, on a farm situated at a distance of about 2 miles from the 
village ot Stockton, Worcester County, Maryland. This pond covered an area of about 50 square 
yards, and was connected with the bay by a trench or canal about 10 feet in length, 2 feet in width, 
and 3| feet in depth, which last was the same as that of the pond itself." 

" The water which supplies this pond was filtered through a permeable, porus gate, or diaphragm, 
which was placed in the trench connecting the pond with the bay, and no watej: was allowed to enter 
the pond which had not been first filtered through this diaphragm-" 

" The dia})hragm itself was constructed of boards perforated with auger holes and lined on the 
inside with gunny-cloth or sacking; and the space between the perforated boards filled with sharp, 
clean sand. The space between the boards was about two inches ; through this the tide ebbed 
and flowed, giving a rise and fall of from 4 to 6 inches during the interval between successive tides." 

" The collectors used in our experiment were of the simplest possible character, the object being to 
make the experiment as practical in character as possible. To this end stakes were driven into the 
bottom of the pond, extending above the surface some distance, to which oyster shells, with holes 
punched through, were attached after being strung upon galvanized iron wire. A number of these 
simple collectors were placed in the pond, each set being marked with the date on which they were 
placed in position, in order to afford data for a more detailed study of the results of the experiment." 

" RESULTS OF THE EXPERIMENT." 

" On the 22d day of August, or 46 days after the beginning of our experiment, Mr. Pierce sent 
me by mail a series of shells taken from the collectors, which had been placed in the pond at various 
dates during the month of July, and which showed young oysters or spat attached, ranging from one- 
fourth to three-fourths of an inch in diameter; demonstrating conclusively that the young would grow 
just as rapidly in our pond as in the waters of the open bay. Of this last fact I am positively assured 
on the ground of previous observations made during the three preceding seasons." 

" We are therefore prepared to assert that it is perfectly feasible to rear oysters from artificially 
fertilized eggs, and, so far as I can judge, quite as successfully as by the method of sowing shells on 
the bottom, now largely practiced on the coast of Connecticut in the waters of Long Island Sound. 
While our experiment has not shown that we could get a greater set of spat than that ordinarily 
obtained under natural conditions on planted shells, the experiment has settled several questioijs \yhich 
are of the greatest importance in the practictil work of oyster culture." 
17 



126 

"One of the ditRculties encountered was the same as that met with in shell-planting in the open 
waters, namely, the accumulation of slime and ooze on the surface of the collectors, which is so deadly 
to the infant oyster when it is from one five-hundredth to one-ninetieth of an inch in diameter, a very 
slight quantity of sediment serving at this time to smother the infant mollusk and arrest the flow of water 
through its tiny gills, thus producing death by asphyxia." 

" UTILITY OF THE EXPERIMENT." 

" Tiie practical utility of the experiment, in the writer's estimation, consists in this, that it proves 
that ponds or inclosed areas of water may be readily utilized on tlie eastern coast of the United States 
for cultivating oysters in the same way as is practiced in France and other foreign countries. In fact, 
there are many thousands of acres of salt marsh all along the eastern coasts of the States of Virginia, 
Maryland, Delaware, New Jersey, and perhaps New York, and Chesapeake, Delaware and Chincoteague 
Bays, which could be readily converted into permanent and profitable planting grounds for the cultivation 
of oysters." 

" The great advantage of this method would be that the persons constructing the inclosures or digging 
out the ponds on their own territory would be absolutely protected by law from the incursions of the 
lawless tongers whose rights and privileges are not yet as clearly defined in some of the States as they 
should be. The method would also be of advantage, from the fact that inclosed areas, properly con- 
structed, are more accessible— in fact, could be so arranged as to be worked without the use of boats. It 
would also be found that oysters would fatten and come into condition for market at a relatively much 
earlier time in the season than those planted in open, unconfined waters, where cold currents interfere 
with the abundant development of food." 

" The collectors best adapted for waters which contain a large amount of organic matter in suspension 
are evidently brush or stakes supporting strings of oyster shells strung on wire, because the tide will con- 
stantly tend to sweep the accumulated sediment oif the surfaces of the twigs and shells. Such collectors 
should of course be put into the water upright, so as to cause the collecting surfaces to be far above the 
bottom, which is usually covered to a depth of from a few inches to several feet with black ooze or mud 
in such situations. The brush should be thrust with the main stem down into the mud far enough to 
support the branched top against the tide, and also be so placed as to bring the top below low water. The 
stakes, with their load of shells, should be arranged in a similar way." 

" These two forms of collectors seem to me to be the cheapest and most available in the practical 
work of spat collecting where the water contains much sediment and the bottom is too deeply covered 
with ooze to make shell planting profitable. Where the ooze is too deep shells will rapidly sink into it, 
BO as to be entirely covered, and aflbrd no surface to which young spat can attach itself and grow." 

" By means of some such method a large area can be rendered profitable as planting ground which is 
now utterly barren and useless for such purposes." 

" These are mere suggestions, but I am fully convinced from the facts which have come under my 
observation during the last three years tiiat they are very important ones, because in many cases it is 
evident that all that is needed to get spat is to afford surfaces upon which it may attach itself in those 
situations where the bottom is deeply covered with mud and where the fixation of spat and the establish- 
ment of oyster-beds is often, without such provision, a sheer impossibility. The importance of placing 
collectors in such places must, therefore, be evident to the intelligence of the most ordinary person." 

"economical significance of the STOCKTON EXPERIMENT." 

" The success in rearing oysters from the eggs, as practiced at Stockton the past summer, admits of 
no doubt whatever; inasmuch as there could be no question as to the identity of the eggs from which the 



127 

spat which caught on the collectors was derived. No other ova could by any means have gained acceBS - 
to the inclosure, so as to vitiate our results. But this success I do not esteem of as much value as the 
facts of collateral'importance which it has substantiated. These are the following: " 
" Eirst. It has proved that oysters may be grown in inclosed ponds." 
"Secondly. It has proved that an abundance of food will generate in such inclosiires." 
" Thirdly. It has proved that we can depend upon the tide to renew the waters of such ponds." 
" Fourthly. It has been shown that the cost of digging out ponds on an extensive scale would be a 
comparatively inexpensive undertaking, because no digging is required except such as can be done with 
a spade. The nature of the salt marsh is such that it can be cut into any shape desired ; the black 
muck of the marsh being interpenetrated with great numbers of roots and decayed fibres of vegetable 
matter which renders it tough, so that it can be cut out in solid blocks. About the depth of what would 
be taken by three superimposed spadesfifll is a sufficient excavation for the purposes of pond culture in 
many places. There are thousands of acres along the eastern coast of the United States of salt marsh 
lands which are available for pond culture, besides the ground already occupied off-shore; so that the 
development of the industry seems to be practically unlimited. Wherever the water is fresh enough to 
grow oysters, and where such marsh lands also exist, the construction of ponds for oyster culture is feasible 
on just as grand a scale as is now practiced on some parts of the coast of France." 

" The writer does not think that the rearing of oysters from artificially impregnated eggs will ever 
be a profitable business, in that it is likely that collecting spat by simple and inexpensive methods, such 
as the use of brush, shells, gravel and other cheap, clean materials, will always yield as good results on a 
large scale as any artificial method could possibly give. But it is possible that we greatly underestimate 
the value of wholly artificial methods." 

SUMMARY OF CHAPTER. 

In the preceding sections we have given many reasons for believing that the only remedy which can 
save our oyster beds from final destruction, without at the same time destroying the oyster industry, is arti- 
ficial production of oysters. We have shown that the natural supply is insufficient for the demand, and 
that the natural fertility of our oyster grounds must be increased by some method of artificial oyster 
culture. 

We have also shown that it is quite possible to increase the supply, and that this has been done with 
perfect success in many parts of the world, in many ways, and that it is extremely profitable. 

We believe that, having done this, we have performed our duty, and that this should end our work. 

We have pointed out the danger ; we have shown the reasons for it, and we have fully described the 
remedy. It must rest with the people of the State to decide how soon, and' in what manner this remedy 
is to be employed. 

While we feel that we have performed the duty for which we were appointed, and that we have, to 
use the words of the resolution under which we were appointed, made "such recommendations as will 
conduce to the protection of this important industry," there is still another subject upon which to say a 
few words. 

It rests with the General Assembly of Maryland to determine what steps shall be taken to encourage 
oyster culture, but the experience of other States furnishes us with several instructive lessons on this 
subject. 

Oyster cultivation may be carried on by the State or by private citizens, and as both of these plans 
have been tried, we may learn from the history of the industry in other places which of these plans is 
most likely to be successful. 

Every one knows that all ordinary business enterprises thrive best in private hands, and that it is 
extremely difficult for government to manage, with pecuniary success, any such undertaking. 



128 

The feeling that the cultivation of our salt-water fisheries is an exception in this particular is very 
widespread, and there are many good reasons for this feeling. , 

Salt-water fishes are migratory, and it is impossible to confine them without restricting navigation, 
and it is therefore almost impossible to secure to private enterprise the right to the fruits of its exertions. 
For this reason we have long recognized the necessity for State aid in this matter. It has been obvious 
for many years that our natural supply of sea food is insuiBcient for the needs of our people, and most of 
our States, as well as the General Government, have maintained Fish Commissions to restock our waters, 
at public expense, for the benefit of our whole people. 

It is important to bear in mind that the reasons which justify this course do not apply to the oyster 
industry. The private ownership and cultivation of the oyster bottoms need not interfere in any way 
with the free navigation of the waters above them, and as the oyster stays where it is put, there is no diffi- 
culty in securing to private cultivators the fruits of their own industry. 

Nothing, which can be safely intrusted to private enterprise, should be undertaken by the State, and 
the history of the oyster fishing of Connecticut and Rhode Island, as well as that of France, shows that 
oyster culture can safely be intrusted to the private interest of the oyster farmers. 

We, therefore, believe that the oyster property of the State should be put into the hands of private 
farmers, but there are many reasons why this should not be done immediately. 

In the first place, it is impossible to state at present, with any accuracy, what is the value of this 
property. The money value of the oyster bottom of our bay is very great, but no one can say exactly 
how great, and as the State should not part with the public property without a proper return, we do not 
advise the sale of any considerable amount at present. 

In the second place, our own people have at present little practical experience in the methods of 
oyster farming, and are not yet prepared to engage extensively in the business. 

We, therefore, believe that it will be wise for the State to set aside a tract of oyster bottom as a 
State oyster farm, and to replenish and restock it, in order to exhibit to our people the value of oyster 
farming, and to give to them an opportunity to witness the methods of working and the practical results, 
and also in order to obtain a more exact and definite estimation of the value of our oyster bottoms 
per acre. 

The establishment of such an oyster farm will require a large investment of capital for a year or 
two, but a system of thorough cultivation for a term of five or six years, could be made to return this 
investment, besides yielding a great quantity of oysters for the use of the public. 

In another part of this report we have recommended that certain districts be closed to the public for 
a term of years, to give the oyster beds a rest, and to allow them to become replenished. 

We recommend that one of these districts, the one described in another part of this report, of District 
Number Four, be set apart as a State Oyster Farm, and that an Oyster Commissioner or Oyster Farmer 
be appointed to restock and cultivate it at the public expense, for the good of the public. We recommend 
that a board of State Oyster Commissioners be established, and that it consist of three persons : the Com- 
mander of the Fishery Force, the Comptroller of the Treasury, and a third commissioner who shall be 
appointed by the Governor, who shall have immediate charge of the Oyster Farm, and that the board of 
State Oyster Commissioners shall act under liis direction to restock the farm, and that they be required 
to employ all means known to them for this purpose. 

The area above described is only a small part of the whole bay, but we believe that it will be much 
wiser for the State to devote all its attention at present to the attempt to thoroughly replenish a small 
area, which can be kept under direct supervision, and we have therefore selected the district which imme- 
diately adjoins Annapolis. 

This district is small enough to be managed, and an experiment here for five years would prove 
whether it is worth while for the State to undertake the task of replenishing the whole bay, and it would 
§how the cost of such an undertaking, the return which might be expected from it ; and it would also 



hi 

demonstrate the best methods. Three years would probably be long enough to show how many oysters 
had been raised upon the oyster farm, and similar measures could then be employed upon a more exten- 
sive scale if such action proved advisable. 

We have reconmiendcd, in another place, that laws be enacted to compel the return of oyster shells to 
the bay, and this measure will serve to increase the productiveness of our waters, to some extent, although 
we cannnot expect from it the good effects which will follow through cultivation, under efficient and 
constant supervision, upon a limited area. 

As soon as the State farm is fully stocked with marketable oysters, which would probably be in about 
three seasons, it should be thrown open to the public, but a record should be kept of all the oysters 
removed from it, and it should of course be made to pay back into the State Treasury the money 
expended in cultivating it. The best method of doing this is to collect a tax (say five cents a bushel) 
upon all oysters taken from it, and the method of collecting this tax should be determined by law before 
the farm is opened to the public. 

The revenue from this source would show whether it is expedient for the State to continue the busi- 
ness on a larger scale, but your commissioners believe that the true policy is for the State to do only 
enough in this direction to instruct our people in the methods to be employed, and that the whole matter 
should then be left to private enterprise. 

The history of French oyster culture is of very great interest in this connection. Nearly twenty-five 
years ago the French government undertook the cultivation of oysters in order to restock the exhausted 
beds. The government farms were at first very successful, and they not only proved that oyster farming 
ie very profitable, but they also served as a school for the instruction of the public in the methods of 
oyster culture. This example was followed by private cultivators, and the private industry upon the 
French coast is now in a very prosperous condition, but a government report (Oyster Culture in Morbihan) 
upon the subject in 1875, contains tiie statement that "the worst merchant in France is the State." 

This report shows so clearly the great superiority in every respect of private enterprise over govern- 
ment management, that we beg leave to call attention to the following extract : 

" Coste did not doubt the result; failure seemed to him almost impossible; he foresaw the complete 
transformation of the sea coast, and exclaimed, in his letter of March 2Q, 1861, to the Emperor: 'I 
thank your Majesty for having placed me in the front ranks of the greatest enterprise of the age, in con- 
nection with animate nature.' Attempts were multiplied, but progress and success seemed more and 
more retarded and lessened in the course of time. The bay of Saint-Brieuc was swept by a tempest. 
At Arcachon discouragement seized upon those who, in the beginning, were most enthusiastic, for little 
or no spawn was collected. Coste heard the name of charlatan sounded in his ears ; his work was ridi- 
culed even by those whom, in the expectation of success, he had loaded with favors, and our modern 
Athenians were lavish in criticisms, in which neither sarcasm nor bitterness were spared. Enfeebled by 
his labors and deprived of sight, Coste struggled on. He hoped against all hope, and maintained that 
the application of his principles would even change the social conditions of the sea-coast communities. 
His views were met only by incredulity. He died at his post, despondent, greatly discouraged, and to 
the last hour misunderstood by that multitude, who treat with contempt all great ideas which do not 
meet with immediate success. While others were occupied in criticising, a few men labored faithfully, 
and in a few years, between 1868 and 1875, the production and cultivation of oysters made remarkable 
progress on the shores of Morbilian." 

"PrinGi2)al cause of the failure of Coste. — It is evident to all that, in spite of the scientific knowl- 
edge, the zeal and the labors of Coste, his attempts, so far as regards commercial results, were radically 
fruitless. Nevertheless, he had at his disposition apparatus, boats, auxiliaries as intelligent as devoted, 
and also, to a certain extent, the resources of the public treasury. Still, the reason is very simple. That 
impersonal being, called the State, is incapable of creating any industry. It sufficed to relinquish oyster 
culture to the culturists, who, although intelligent and well informed, are, in the majority of cases, neither 
savants nor academicians, to-insure bucccbs where only failure had been predicted." 



130 

" This is because the State lacks that powerful lever called individual interest. An occupation is not 
possible unless an assured profit may be realized from it. The merchant alone can be certain of this, 
from a study of the markets and the demands of consumers. The poorest merchant in France is the 
State. The State has quite another part to play. Charged with the protection of all, it cannot descend 
from this elevated sphere of general usefulness into the arena where opposing interests are contending — 
an arena which it always leaves defeated and often injured. To abandon its reserve, and endeavor, by 
taxation, to create a national industry, is an act of socialism, generous, perhaps, but from which others 
will derive the benefits." 

" Napoleon III, in his youth, had a passion for studying these questions, and sometimes lent an 
attentive ear to these grand socialistic theories ; this was why Coste obtained so much support from the 
Emperor. Led away by his own ardor, he did not notice that he was gliding down a fatal slope, and that 
he would fall at last, in spite of all his efforts. If, instead of going to the Tuilleries, he had addressed 
himself to an association of capitalists, or to the trade, who could have participated in his confidences, 
then oyster culture, disengaged from the shackles of the State, would, from the beginning, have taken a 
higher stand and progressed with surer steps." 

" We do not wish to underrate the importance of the part played by the State, for we are going to 
appeal to its aid in another matter ; but we think it should be well understood that the two domains, of 
industry and of government, are totally distinct. By confounding them, powerlessness replaces fertile 
effort, and the most important work is crowned only with failure." 

" We do not wish, in any way, to diminish the gratitude due to those, whether functionaries of State 
or others, who have labored for the creation and development of this industry ; but we feel the necessity 
of proclaiming, in a certain measure, the omnipotence and vigilance of individual interest. We believe 
that, imbued with this thought, the public administration would desire, even more in the future than in 
the past, to free from fetters and obstacles the pathways along which this industry must move, in order 
to attain a high degree of prosperity." 

It must be plain to every one that our hope for an abundant supply of oysters in the future must 
rest upon the growth of a private farming industry, rather than upon State aid, and we couie now to the 
question, what shall be done to encourage private oyster culture? 

We believe that the advantages, to our whole people, of a thorough system of cultivation, are so very 
great that they should overbalance every other consideration, and we also believe that any person who 
wishes to engage in this business should have his path made as easy as possible. The question of imme- 
diate revenue to the State is a very secondary consideration, for the development of our oyster farming 
industry would increase the prime source of revenue, productive real estate, and the whole community 
would ultimately reap the benefits of the taxation of the oyster farms. 

The chief danger which is to be avoided is the monopoly by a few persons of the oyster area, and 
this danger can be avoided by granting to any resident of Maryland who wishes to use it, a small farm 
for oyster culture. 

The law known as the " five acre law," gives to any resident the right to appropriate five acres of 
ground, where there are no oysters, for oyster planting. The holder pays nothing for the right ; he 
receives no title from the State, and he pays no taxes. 

We recommend that the State give to each holder of land under this law, a lease or title, like a title 
to real estate, making it his forever, so that he can dispose of it or mortgage it to obtain the necessury 
capital for cultivating it, and that the. nominal fee of one dollar per acre be charged for the lease. Wo 
believe that it would be wise to grant this privilege to all persons, residents or non-residents, but we leave 
this subject for future consideration, as well as the question whether it is wise to permit one person to 
hold more than five acres by purchase from other holders. The title should be made as absolute and 
unqualified as a title to real estate, but we have not made it so in the bill which accompanies this report, 
since many points can be discussed and settled at some future time. 



181 

We believe and recommend, however, that the law should be amended in such a way as to permit 
any resident of the State to appropriate his five acres, whether it contains natural oysters or not. 

Our waters are so favorable for the growth of oysters that there is scarcely a spot wliere some oysters 
have not at some time existed, and, in the absence of all surveys of the oyster area, we believe that the 
restriction should be removed. 

If public sentiment condemns this course, the next best plan is to construct, as quickly as possible, 
from actual surveys, maps showing the areas which are to be legally regarded as natural beds, and to per- 
mit private oyster culture on all other areas. 

This would delay the establishment of private farms for several j'ears, and it is, tlierefore, only 
named as a second resort. In our State the oysters are so widely distributed that it will be extremely 
difficult to decide what is to be regarded as a natural bed, and we have shown, in another part of our 
report, that the area of our beds has been greatly increased by the action of the dredgers in breaking up 
and scattering the clustei-s of oysters and shells. 

The limits of a bed are thus changed from year to year, and the only way to decide what grounds 
are to be reserved is to designate certain areas as natural beds within the meaning of the law. 

The natural oyster beds of Connecticut are few in numbers and sharply defined, compared with 
those of our own State, and they cover, according to the most liberal estimates, less than eight square 
miles, all told, while our own natural beds cover hundreds of square miles ; yet the Connecticut oyster 
commissioners have experienced great difficulties in their attempts to determine what are to be regarded 
as natural beds, and they have given the following account of the perplexing nature of the subject : 

" In the discharge of their duty of exploring and mapping natural beds, the Commissioners have 
' experienced no little difficulty. Great difference of opinion exists as to what constitutes a natural bed, 
' while the testimony as to their size and shape is conflicting and largely untrustworth}-. No pains have 
' been spared to secure all the information about the beds that was possible. When a hearing was 
' agreed upon, due public notice of the time and place was given, so that all who desired could be heard. 
' The place for the hearing was selected with a view to the convenience of the witnesses rather than of 
'the commissioners. Parties appeared not only in person but by counsel, and an exhaustive examina- 
' tion was had in every case. The witnesses were generally divided into two classes — one consisting 
' mainly of those whose work was confined to the natural beds, and the other who may be classed as 
' oyster growers. The former sought to make the natural beds as large in extent as possible, while it 
' was for the interest of the latter to so restrict them as to leave portions thereof open for designation 
' and cultivation, for which purpose these and adjacent grounds are very valuable." 

" It is the obvious design of the law that the natural beds shall be preserved in their entirety for the 
' use of the public ; hence the law makes the commissioners liable to severe penalties if they knowingly 
' make grants which encroach upon them, and such grants are absolutely void." 

" Such being the fact, it becomes an important preliminary question, what, according to the intent 
' of the law, is a natural bed ?" 

" Various definitions have been attempted. In one sense, all oyster-beds, whether tlie result of culti- 
' vation or of accident, are natural beds. But it is not in this sense that the term is commonly used and 
' understood. To quote from last year's report, ' all grounds of any considerable extent, under water, 
' which are found overspread with growing oysters, are generally called oyster beds. They are artificial 
'or natural. Those designed and planted by man are artificial beds; all others are natural beds, and 
' they are formed by spat from other beds, drifted by winds and tides and deposited upon a bottom suita- 
' ble for its adhesion and growth.' Tliis definition is correct in a general sense, but it does not accu- 
' rately describe the natural bed which the law designs to recognize and protect. Small isolated patches 
' of natural growth oysters cannot be deemed natural beds within the meaning of the law ; but when such 
patches are found scattered over an extent of ground in sufficient abundance to remunerate the oyster- 
men, a greater or less number of years in succession, for the labor of gathering them, there is such a 
' natural bed as the law recognizes and protects.' " 



183 

" This is substantially the idea of those who have labored on these beds for many years. In their 
" testimony before the commissioners, a natural oyster bed with them was an uncultivated bed where 
" they could find oysters ' in paying quantities,' where they could do ' a fair day's work,' and this view is 
"sustained by legal authority. By the laws of Maryland, no natural bar or bed of oysters can bo desig- 
" nated. A case arose in Dorchester county involving the construction of the term ' natural bed.' After 
" an able discussion by counsel. Judge Charles F. Goldsborough decided as follows : ' There are large and 
" numerous tracts where oysters of moderate growth may be found in moderate numbers, but not in quan- 
" titles sufficient to make it profitable to catch them, and yet where oysters may be successfully planted 
" and propagated. In my opinion, these cannot be called natural bars or beds of oysters within the 
"meaning of the acts of the Assembly, and it is just such lands as these that the State meant to allow 
" to be taken up under the provisions of the act. But there is still another class of lands where oysters 
" grow naturally and in large quantities, and to which the public are now, and have been for many years, 
"in the habit of resortirtg with a view to earning a livelihood by catching this natural growth, and here, 
" I think, is the true test of the whole question. Land cannot be said to be a natural oyster bar or bed 
"merely because oysters are scattered here and there upon it, and because, if planted, they will readily 
" live and thrive there; hut wherever the natural growth is so thick and abundant that the publio resort 
" to it for a livelihood, it is a natural bar or bed, and comes within the above quoted restriction in the 
'^law, and cannot be located or appropriated by an individuaV The last lines are italicized as compre- 
" bending the true legal definition of a natural bed." 

" And yet to determine at any given time what grounds are to be considered as fairly embraced 
" within a natural bed is not an easy matter. If they were uniformly productive throughout their entire 
" surface, and this without variations from year to year, there would be no difficulty in determining and 
" mapping their outlines. But this is far from being the facts. The oysters grow in patches and streaks 
"o!i the natural beds, with intervening bare spots of larger or smaller area What are barren spaces 
" this year may be covered with oysters the next, and so the bed may be continually clianging. Still the 
" changes are always within certain limits, so that the general area and outline of the bed is preserved. To 
" ascertain this general area and outline two ways are open — one to examine the bed by careful dredging, 
" and the other by taking the testimony of those who have long been employed in getting oysters from it. 
" Most oystermen dredge over a bed by following on lines ranging with objects on the shore. Some have 
" one set of ranges, some another, but when the ranges of a great number are combined the general out- 
" line of the bed is approximately determined. It is clear that from the irregular streaks and patches 
"which together make up a natural bed, no uniform lines are likely to be found along the edges of the 
"bed, but they are necessarily sinuous and broken, and they vary from year to year with the changes on 
" the bed. Consequently an exact delineation of the outline of the bed as it actually exists is not only 
" impracticable, but in a very short time it would be incorrect. Irregular lines, too, could not readily be 
" indicated by buoys ; and it would be extremely difficult, if not impossible, for the oystermen to keep 
" within the limits of the bed. By adopting arbitrary boundary lines, which are approximately true, 
" these difficulties were overcome and great advantages secured. These lines are so chosen that the 
"entire natural bed is enclosed by straight lines, each of which ranges with some prominent objects on 
"the shore, so that any one can readily find the bed, and when working upon it can easily keep within 
"its limits. The commissioners respectfully recommend that the outlines thus indicated be confirmed 
" and established by law." 

" Sometimes, but not often, natural beds become exhausted by overfishing or from other causes. The 
"statute of 1881 provides that designations may be made within areas which have not been natural clam 
"or oyster beds for ten years. Several applications have been made for grounds within areas which were 
" formerly natural beds, but which are alleged to have been unproductive for the period named. In all 
" these cases the evidence was so contradictory that grave doubts perplexed the commissioners as to what 
" their decision ought to be. On the one hand, it was urged that the evidence was positive that the 



183 

"grounds in question had been paying natural beds within ten years, and until the full expiration of that 
"period the commissioners were bound to protect them; that as it was possible that they might at any 
"time become productive, it would be unjust to deprive the people of their rightful enjoyment. On the 
" other hand, it was as positively asserted that the beds had been barren for more than ten years, and the 
" applicants consequently had an undeniable right to a grant of such grounds ; that they ought to be 
" designated to the oyster grower without delay, so that the State might reap the benefit, not only of the 
" purchase price, but the still greater advantage resulting from an extension of artificial beds, whereby 
" they would make productive and profitable what were now waste places. A personal examination of 
"some of the grounds, with the assistance of experts in dredging, tended strongly to confirm the assertion 
" of the applicants that the grounds were not only at the present time barren, but that they had been so 
" for some years. Still the testimony to the fact that quantities of natural oysters had been repeatedly 
" gathered there by numerous parties within seven or eight years, constrained the commissioners to reject such 
" applications. The letter of the law required them so to do. A.nd yet it is believed that some of these 
" grounds have really been worthless for seven or eight years, and there is not the slightest probability of 
" any change for the better. Considerable territory is thus placed beyond the disposal of the commis- 
" sioners, which otherwise might be sold without detriment to any one. A change iu the law is therefore 
" desirable. It is recommended that the period shall be reduced ; that the commissioners shall be 
" authorized in their discretion to designate any grounds for cultivation whenever they have been found 
" unproductive for a period of five consecutive years, provided they deem it best for the interests of the 
" State so to do." 

The Connecticut policy will be seen to be that of waiting until an area has been so overfished that it 
ceases, for ten years, to be valuable ; but it is surely unwise to wait until property is completely ruined 
before adopting a remedy. 

We therefore believe that one of two steps should be taken immediately ; the natural beds should be 
thrown open to private cultivators, or else the limits of the natural beds should be established by law, 
and all grounds outside these limits should be made available for private culture. 

As thus modified the five-acre law would provide for all persons who wish to engage in oyster culture 
on a small scale, and near the shore ; but deep water oyster farming cannot be carried on upon a small 
scale, as it requires an expensive outfit and the investment of great sums of money. 

We therefore believe that in addition to the five-acre law, laws should be passed to encourage deep- 
water farming. 

This has been done in Connecticut, and Rhode Island has very recently taken the same step. An 
account of the Connecticut laws and methods is given in a subsequent chapter of this report ; but 
although this is very instructive, we do not recommend the adoption of the Connecticut plan. 

In Connecticut and Rhode Island any resident may obtain an unlimited area for oyster culture in 
deep water by the payment of $1 per acre. 

The industry is exposed to many accidents, and the marine enemies of the oyster often destroy a 
whole crop in a few hours, and it was therefore thought best to foster the growing industry by furnishing 
land at a nominal price, and to look to future taxation for a return to the State treasury. 

In our own waters there are few enemies to the oyster, and oyster farming would be exposed to few 
accidents. There can be no doubt that all our grounds are very valuable, and we therefore believe that if 
large areas are sold for deep-water oyster farming they should not be sold at a nominal price, but for their 
actual value. 

It is impossible to state at present what this value is, and we therefore recommend that a small area be 
selected, and that the right to cultivate oysters upon the grounds within this area be sold at auction. We 
also recommend that the district which is hereinafter described as district number six be set apart for this 
purpose. 
18 



134 



CHAPTER VIII. 

Reorganization of the State Fishery Force. 

{Substitute therefor Department of the Chesapeake.) 

Synopsis. — Our observation during the month of November of 1882, and more recently during 
the months of May, June, .Tuly and August, of 1883, and information we are possessed of as to the 
qualification of the commander and subordinates of the State Fishery Force, is of such an objection- 
able character that we have considered it necessary to recommend elsewhere a more perfect organiza- 
tion of its personnel. 

The conclusions we have arrived at, as to the reorganization of the State Fishery Force and what 
may be the results therefrom, are considered elsewhere. 

The substitution of steam propellers for the sailing sloops, will secure a protection to oyster beds 
and oyster flirming, that can be realised, provided our recommendations are lawfully enforced by 
legislative acts and by the selection of a commander and subordinates of nautical intelligence and 
experience. 

The surveys of water lots ft)r oyster farms can be correctly made only by such persons as are 
familiar with the use of the sextant or circle for measuring angles, and the solution thereof, and such 
duty should be performed by the commander and other officers of the Fishery Force at no additional 
expense to the State. 

An appropriation of money by the Legislature is recommended elsewhere for the survey and 
equipment of the steam propellors. 

The manner of selecting officials for commissions in the State Fishery Force and the induce- 
ments to secure good and desirable persons to serve, are treated of elsewhere. 

Be it enacted by the Senate and House of Delegates of Maryland, That on and after the 

day of. next the following rules and regulations be adopted and put in form for the 

government of the "Department of the Chesapeake:" 

Article 1. The commanders of vessels are strictly enjoined and required to be vigilant in dis- 
charge of their duty, obedient to all orders emanating from their commanding officer, and to guard 
against and suppress all dissolute practices. 

Art. 2. Any officer or other person who shall be guilty of drunkenness, neglect of duty, diso- 
obedience of orders, or any scandalous conduct tending to the destruction of good morals, shall, if an 
officer, be dismissed the service by order of tlie Governor of the State. 

By the comptroller's report there are in the State treasury to the credit of the oyster fund 
S;239,946.-10. Balance September 30, 1883. We recommend the building of five (5) additional steam 
propellor vessels, and we would suggest that they can be more cheaply built in the aggregate than 
singly. A sum of $200,000 should be appropriated out of the oyster fund or any other money in the 
treasury unappropriated, and as much as may be required thereof should be expended in payment of 
the propellors and their equipment; the hulls to be "composite" construction and built in the strong- 
est manner and of the best material; to be schooner-rigged and furnished with "Herrshoff's improved 
compound condensing engine and latest type Ilershoff's patent safety boiler." These engines and 



,135 

boilers are in the market — same as recommended by the Board of United States Naval Engineers. 
All out-board metal, such as screws, rudders, sternbearing and shoe, to be of the best bronze. The 
propellers to make a speed of twelve knots per hour before acceptance, and to be equipped (each) with 
two quarter boats, two bow anchors and chains; sails, rigging, awnings and awning stanchions of iron 
pipe, and all engiue-room tools, and to be fitted with one brass howitzer each, weight not to exceed 
600 lbs. Propellors, while building, to be under the supervision of State authorities, and examined 
after built for acceptance. If the vessels are accepted by the State authorities, the builder shall 
deliver them at Annapolis, and each boat to be paid for when delivered. The size of the steam pro- 
pellors shall be in demensions as follows: 

Two 98 ft.xlTJ ft.x8 J ft. deep ; draft of water about 6 ft. 

Tico 110 ft.xlS it.xSh ft. deep; draft of water about 6 ft. 

One 130 ft.x23 ft.xlO ft. deep; draft of water about 7| ft. 

The propeller of 130 feet length to be furnished with a steam launch for surveying and other 
purposes. 

The vessels should be equipped with appliances which could easily and quickly be brought into 
active use in every emergency for protection against accidents incident to nautical exposure, rendering 
the vessels capable of protracted cruising in the Chesapeake Bay in the execution of a dutj' which 
should be conducted with diligence, intelligence, activity and firmness, especially during the night 
time as well as during the day time. It is during the night time marauders reap their golden harvest. 
There is nothing in the present organization of the "State Fishery Force" to recommend it to gener- 
ous or honorable consideration or to stimulate the ambition of its personnel. The officers and crew 
are selected for political considerations, and patronage continues during the political usefulness of 
said officers and crew by a majority vote of the "Board of Public "Works." The force can never be 
useful in. protecting the oyster beds, without being make efl[icient. An intelligent reorganization is 
the only hope, while under the present control it has gone from bad to worse. Three good generals 
are worse than one bad general. The Governor, who is made by the Constitution of the State the 
commander-in-chief of the military of the State, should have control of the "Department of the 
Chesapeake." The Captain commanding the "Department of the Chesapeake" should be, to the 
Executive of the State, like the Adjutant-General and a member of the Governor's staff. The Cap- 
tain commanding the "Department of the Chesapeake," should be an experienced seaman of profes- 
sional and educational qualifications, and he should be commissioned by the Governor, by and with 
advice and consent of the Senate of the State as Captain or Commissioner commanding the "Depart- 
ment of the Chesapeake," and said commission shall be for life or during good behavior, and all 
persons selected for their qualifications to fill official positions, should be also commissioned by the 
Governor, by and with the advice and consent of the Senate of the State, and the so commissioned 
officials shall hold their commissions for life or during good behavior. The Governor should select 
an experienced engineer of educational qualifications, who, together with the Captain commanding, 
shall constitute an examining board, before whom all candidates seeking official positions must report 
for examinations. Said examining board will make recommendations to the Governor of all who 
have been examined, within the time provided for said examinations, for the Governor's action; and 
in the absence of the Senate the Governor can issue commissions, subject to the approval of the 
Senate in session. As inducement to good conduct and fiiithful observance in discharge of all duties 
pertaining to officers, promotion in the service of the "Department of the Chesapeake," should be 
established by law, and whenever vacancies in the higher grades occur, those officers of subordinate 
rank who have shown aptitude, zeal and professional qualification in performance of duty, shall be 
promoted to fill said vacancies; and when other vacancies occur in the lower grades of officers, such 
vacanciea may be filled by any of the crew who are found qualified to fill said office. Such lawful 



provisions would elevate the service, cost the State no more money, and it would command the best 
talent and intelligence among the seamen and engineers, and the State would reap a solid benefit. 

Further organization suggests that any oiEcer guilty of insubordination, neglect of duty, drunk- 
enness, disqualifications from any cause whatever, or conduct tending to the destruction of good 
morals, shall be dismissed the service by the Governor; any other persons guilty of any of the above 
irregularities, abuses or ofi'ences may be dismissed the service by the captain commanding, who shall 
investigate all charges and specitications to charges, and if in part or in whole said charges and speci- 
fications to charges are sustained by evidence, the same shall be transmitted to the Governor for 
his action. 

A code of night signals should be introduced in order to facilitate the transmission of important 
intelligence to the commanders. A code of day signals should be introduced for the same purpose. 
All sailing vessels belonging to the " State Fishery Force " should be sold and no more of them should 
be bought. Exposure to the winter weather, nowhere more severe than on the Chesapeake Bay, 
especially after night, is very severe on people engaged in this service, and in consideration thereof 
the salaries recommended are only just if compared with other salaried oflicials of the State who are 
not subjected and exposed to the rigorous ordeal. The State should ration the personnel of their 
service, and the captain commanding should regulate the commissary department. " The pay-roll of 
each vessel should be kept at the oflice of the Oyster Commissioners and the officers and men 
paid there." 

The " Department of the Chesapeake," under the suggested reorganization, could furnish the 
scientific and practical intelligence required for the surveys of the oyster beds and would aid in the 
development of this industry bj completing the work in that direction that the State could desire or 
development of the enterprise require. The officials making the surveys would acquire a knowledge 
of the locality of the oyster beds from observation and would more knowingly perform the duty of 
protection. Surveys could be done from May to October in each year until completed and during the 
winter months results ascertained. 

The State Oyster Commission had the use of the HerrshofF steamer, "The Governor "W". T. Ham- 
ilton," and Capt. Waddell, who commanded her during the months of May, June, July and August, 
of the year 1883, reports that her total consumption of coal for all purposes per month did not exceed 
five (5) tons. We, therefore, feel it our duty to recommend Herrshoff"'s engine and boiler for the ves- 
sels indicated, to the exclusion of all others. The remarkable economy in fuel, the safety from explo- 
sion, the rapidity in steam-gettmg, make the boilers very desirable. The expense in coal supply is as 
$35 to $120 per month, and in a few years the economy in consumption of coal alone will pay for the 
vessels. 

The captain commanding the "Department of the Chesapeake," shall cause to be erected at each 
sectional terminus, unless a natural or artificial terminus exists, a beacon, on which shall be inscribed 
the compass bearing and " State Oyster Commission." 

The points iiidicated for beacons are established by the latitude and longitude of such points, and 
are here furnished : 



i3t 



WEST snoRE. 



Latitude 39° 13' 30" 
Longitude 76° 33' 
Latitude 38° 39' 
Longitude 76° 35' 18" 
Latitude 38° .54' 25" 
Longitude 76° 37' 
Latitude 38° 46' 
Longitude 76° 33' 

Latitude 38° 43' 40" 
Longitude 76° 31' 10" 

Latitude 38° 23' 
Longitude 76° 30' 45" 
Latitude 38° 33' 
Longitude 76° 32' 40'' 

Latitude 38° 08' 20" 
Longitude 76° 19' 
Latitude 38° 03' 10" 
Longitude 76° 19' 



!■ Lighthouse. 

i Sacketfa Point. 

[■ Thomas' Point. 

i South end Parker's Island. 

y Holland Poiiit. 

y Parker's Point. 

\ Cove Point Light. 

I Point No Point. 

{ Point fjOokout. 



Latitude 39° 13' 15" 
Longitude 76° 14' 
Latitude 39° 07' 20" 
Longitude 76° 16' 30' 
Latitude 38° 58' 30" 
Longitude 76° 20' 15" 

Latitude 38° 53' 15" 
Longitude 76° 21' 40" 
Latitude 38° 47' 
Longitude 76° 23' 
Latitude 38° 42' 
Longitude 76° 20' 30" 
Latitude 38" 31' 50" 
Longitude 76° 30' 45" 

Latitude 38° 25' 30" 

Longitude 76° 17' 25" 

Latitude 38° 13' 30" 
Longitude 76° 04' 

Latitude 38° 03' 50" 
Longitude 76° 30' 
Latitude 38° 07' 
Longitude 75° 56' 45' 
Latitude 38° 13' 45" 
Longitude 75° 58' 



EAST SHORE. 

Creek MitchelCs Blvff. 
Swann Point. 
■ Broad Creek, Sout?i Point. 

North end Poplar Island. 

North Point Paw Paw Covg. 

James Point. 

Creek. 

Hooper Strait Lighthouse. 

Solomon's Lump Light. 

Little Island. 

Clay Lighthouse. 



1 Commander, at $100 per month, per year $1,200 

1 Pilot and 1st Officer, 70 " " 840 

1 Pilot and 3d Officer, 60 " " 730 

2 Machinists, 70 each," " 1,680 



2 Firemen, 



30 



730 



Complement of Officers and 3Ien for a OSfoot Steam Pi 

2 Seamen, at $35 each, pei 
2 Boys, 10 " 

1 Steward, 25 
1 Cook, 20 



'•opeller. 
month, per year.. 



.$600 
. 240 
. 800 
. 240 



1 Commander, at $100 per month, per year 
1 Pilot and 1 St Officer, 70 " 

1 Pilot aud 2d Officer, 60 

2 Machinists, 70 each " " 
2 Firemen 30 " " " 



For lOOfooi Steam Propeller. 

2 Seamen, at $35 each, per month, per year. 
2 Boys, 10 " 

1 Steward, 25 " " 

1 Cook, 20 " 



.$1,200 
. 840 
. 730 
. 1,680 
. 720 



240 
300 
240 



Complement of Officers and Crew for a 130-foot Steam Propeller and Launch. 



Commissioner Commander of the Navy. — 
1 Pilot and 1st Officer, at $80 per month, per year.. . $960 
1 Pilot and 2d Officer, 60 " " . . 720 

1 Engineer (Chief,) 100 " " . . 1,300 

2 Machinists, 70 each, " " ... 1,680 
2 Firemen, 30 " " " . . 730 



2 Seamen, at $25 per month each, per year $600 

2 Ord'y Seamen, 18 " " " 432 

2 Boys, 10 " " " 240 

1 Steward, 30 " " 360 

1 Cook, 25 " " 300 



We would suggest the smaller steamers now in service can be made efficient by the following 
changes : 



1 Commander, at $100 per month, per j'ear $1,200 

1 Pilot and 1st Officer, 70 " " 840 

1 Pilot and 2d Officer, 60 " " 720 

% Machinists, 70 each, " " 1,680 



1 Seaman, at $25 per month, per year. 

2 Ord'y Seamen 20 each, " " 
1 Cook 20 " 



$300 

. 480 
. 240 



138 



CHAPTER IX. 



The Minority Report of Wm. Henry Lego. 



" To the Honorable the Gaieral Assembly of Maryland : " 

"The undersigned, being a member of the State Oyster Commission, and being unable to agree 
in all the views and suggestions as reported by the majority of said commission, begs leave respect- 
fully to present some views in a minority report." 

"The undersigned is not fully in accord with the majority report in the belief 'that the oyster 
property of the State is in imminent danger of complete destruction.' This is not likely, unless we 
fail to give the interest even ordinary care and protection. Whilst in some localities the beds have 
been o-reatly depleted by overwork, and in others destroyed, chiefly in shallow water tonging ground, 
the beds and bars as a rule have been greatly enlarged by working them, and the quality of the 
oysters much improved if given a longer period of growth before being taken to market. It is prob- 
able that no oyster bar in the waters of our State, ever of any size or importance is so run down er 
reduced, if not wholly destroyed, as to be unable to recuperate and recover now, if given proper pro- 
tection and rest. The oyster supply of our waters, taken as a whole, it is likely is as large as ever it 
was, but is gathered from larger fields and by more laborers. The last season was probably unprece- 
dented as a good one for spawn and the catch of spat. The oyster ground all over the State is liter- 
ally covered with young oysters of this last season's growth. Greit Rock, in Tangier Sound, that 
the commission visited in the fall of 1882, and examined, and found oysters of any class so scarce 
that the commission then thought the rock or bar beyond recovery, is again alive and covered with 
young ovsters. The oysters from there and also the neighboring waters sold to the Crisfield packers 
are covered with young, growing, healthy oysters, as many as seventy having been counted on an 
oyster of medium size. Pocomoke Sound, a few years since, (in 1880,) was so depleted that many 
neio-hboring oystermen say a bushel a day was an average day's work. The Legislature passed a law 
giving it absolute rest for a year or so, and the beds were again replenished, and with oysters of fine 
quality. Tongers this season from these beds have reaped a rich harvest, making from ten to twenty 
dollars some days. Natural beds and bars cannot be greatly improved by human industry unless 
they have been so depleted as to be unable to recuperate. What they need is proper rest and pro- 
tection. To give these, in the opinion of the undersigned, we will need no very large, cumbersome 
and expensive navy, with its large fleet of sail vessels and steamers, its high-salaried commanders and 
numerous crew, or any costly change, as compared with our present system. To obtain necessary, 
proper and efiicient protection the undersigned believes it to be all-important first, by concurrent 
legislation with Virginia, to prohibit dredging in the waters of the Potomac, or place it under the 
control and restrictions of law; to further limit or shorten the time of dredgers and scrapers, and to 
limit the size and weight of dredges; to compel the return of the young and unmarketable oysters to 
the beds and bars, together with clutch, when and where taken; to make more certain and severer 
th« penalties for violations of the oyster laws; to preveut summer planting during the spawning 



peasnn, or of taking the oysters trom their natural beds during that season for any purpose. These 
measures are all, or nearly so, in the opinion of the undersigned, necessary for the replenishin"- of 
our natural beds and bars. Being a member elect of the Legislature, he deems it unnecessary here 
to state his reasons for these views, or to state how he thinks they can best be carried out, expectino- 
to have the opportunity there when a member of that body." 

" The undersigned agrees with his colleagues in the importance ot oyster-planting and oyster- 
farming, as a means of increasing our oyster supply, but is uncompromisingly opposed to the leasing 
or selling of any of our natural beds and bars to any person or persons, for any purpose or purposes. 
In Connecticut and other northern States that have increased their oyster supply so largely by these 
means, one restriction has always been jealously insisted upon, viz., that natural beds or bars should 
not be set apart or designated for planting or cultivating oysters. Some of these States have gone so 
far as to refuse to set apart land for these purposes if there has been on it natural beds and bars for 
ten years past. If any oyster commissioner allows the appropriating or designating of natural beds and 
bars, they are visited by heavy fines and penalities and the grants declared invalid. "VVe should do as 
they do, go that far and no farther; grant, under proper restrictions, bottom lands suited to the culti- 
vation and growth of oysters for bedding and farming purposes, but none that have any natural beds 
or bars. We have many thousands of acres in our waters barren of oysters, as well or better adapted 
to the growth of oysters and their cultivation as can be found in New York, Connecticut, Rhode Island 
or elsewhere, and it is here we should plant and farm, and nowhere else. By this means we would 
utilize waste land, greatly increase our oyster supply and the State's revenue." 

" The oysters of the State belong to the people of the State, and the true policy of the State is to 
guard and protect our oyster grounds for the benefit of its citizens. For the protection given the 
State should receive an ample revenue. The citizens of the State have the right to ask and expect 
that legislation be in the interest of the many, not of the few; in the interest of the weak rather than 
the strong, and to demand that this .vast public domain — the oyster grounds — shall be held now and 
for all time to come, as it ever has been held, as a great commons, to be used in common by the 
citizens of the State under such rules and regulations as the State may prescribe, and not sold to a 
few capitalists, thereb}- making the rich richer and the poor poorer. The undersigned is opposed to 
districting the bay, as proposed by the majority report, believing that protection under such circum- 
stances would not only prove a fiiilure but burdensomely expensive to the State. He has no fears but 
what the present oyster supply will be kept up to its present standard and within a few years increased. 
The supj)ly is now greater, probably, than ever before, and the prices higher, take the season throuo-h. 
It is the increased demand and consequent high prices that has created the oyster panic in the public 
mind to a great extent." 

"To show that our oyster grounds are not yet unproductive it is but necessary to compare the 
crop gathered at two or three of our important oyster markets the present season with former ones. 
Baltimore in the season ended in 1880, with its then 45 packing-houses, is reported to have used at these 
houses alone 6,450,202 Inishols. From carefully gathered statistics the last season she is given with 
her now 67 packing-houses, 14,000,000 bushels. Crisfield in 1880, 427,270 bushels; in the last season, 
ended in 1883, 1,200,000 bushels. Cambridge in 1880,218,510 bushels; in the last season, 600,000 
bushels. The undersigned thiidvs these figures are as correct as can possibly be obtained, and from 
other data he has personally gathered and has in his possession, he thinks the comparison would hold 
good as a rule at nearly all of the chief oyster markets of the State. The majority report is so elabo- 
rate and full, giving all necessary information, facts and figures, and in the main havinj? the endorse- 
ment and concurrenee of the undersigned, that he thinks in this report it would be superfluous to say 
more." 



140 . 

" In conclusion, he hopes it may not be misunderstood in briefly alluding to the interest he now 
feels and has always felt in the i)roduction of this important industry. In 1868, as a member of the 
Legislatui-e and as chairman of a select joint committee, he reported the bill that gave birth to oar 
oyster navy in the interest of protection. In 1880, as a member of the same body and as chairman of 
a select committee, he reported the present State oyster law. In 1882, under joint resolution of the 
General Assembly, he was by Governor Hamilton appointed one of the three State oyster commis- 
sioners. In that capacity in 1882, with his colleagues, he visited and examined many of the beds and 
bars of the State. In 1883, he, by agreement of the commission, devoted his time to the tidewater 
counties, visiting many, holding meetings, giving views, obtaining views and seeking statistical infor- 
mation, besides a correspondence carried on with several hundreds of persons of different classes in 
different parts of the State." 

" Respectfully submitted," 

"WILLIAM HENRY LEGG," 



141 



CHAPTER X. 



THE OYSTER INDUSTRY AND OYSTER LAWS OF MASSACHUSETTS, RHODE ISLAND, CONNECTICUT, NEW YORK, 

NEW JERSEY, DELAWARE AND VIRGINIA. 

The resolutiou under which we were appointed requires us to submit to the General Assembly all 
information which will aid it in devising laws for the protection of our oyster industry, and as one 
important source of this information is found in the laws and methods which have been employed in 
other parts of our country, we will give in this chapter a short sketch of this subject and copies of 
the most important and instructive laws. 

Some of these laws are instructive on account of their value, while others are instructive only 
because they have failed to result in any benefit to the industry, but we believe that the entire chapter 
will be found to contribute materially to an intelligent grasp of the subject 

We have been aided in the preparation of this chapter by the Fish and Oyster Commissioners of 
several States, notably those of Rhode Island and Connecticut, and we have also derived much valu- 
able information from Ingersoll's " Report on the Oyster Industry of the United States," and also from 
the "Sea World," a weekly newspaper, edited by W. B. Hopson, of Baltimore. 

Section 1. — The Oyster Laws of Massachusetts. 
- The following account of the oyster laws of Massachusetts is condensed from Ingersoll's "Report 
on the Oyster Industry of the United States." 

This State allow^s any inhabitant to take oysters in the day time from September first to June 
first for family use, but some of the towns have special laws limiting the quantity which may be 
taken for this purpose to one bushel a week for each household, while other towns permit only three 
bushels to be caught in a month. 

GENERAL LAW. 

Whoever takes oysters, wilfully destroys oysters, or obstructs their growth, forfeits $2 for each 
bushel, including shells. 

The mayor and aldermen, or the selectmen, of any city or town may give permits to any person 
to take a stated quantity of oysters; and any inhabitant may, without permit, take oysters, for family 
use, from September 1st to June 1st. 

Any boat, not owned in the place, and found with oysters on board, not taken under a permit or 
license, may be seized and detained by any inhabitant, for not more than 48 hours pending process of 
l^w. 

The mayor and aldermen, or selectmen, of any city or town may grant a license, for a term not 
exceeding twenty years, to any inhabitant thereof, to plant, grow and dig oysters, at all times of the year, 
upon and in any liats or creeks therein, at any place where there is no natural oyster bed; not, how- 
ever, impairing the private rights of any person, nor matei-ially obstructing the navigable waters ot ' 
any creek or bay. But no person shall take any oysters from any flats or creeks for which a license 
has been granted between sunset and sunrise, on penalty of forfeiture of license, and the oysters on 
his beds. 

Such license shall describe the waters and bounds, shall be recorded, and shall cost the applicant 
$.2.60. 
19 



142 



The person so licensed, his heirs and assigns, shall, for the purposes aforesaid, have exclusive use 
of the flats and creeks described in the license, during the time therein specified ; and any person who, 
without consent of the owner, removes oysters from licensed ground, incurs a fine of $100 or less, or 
imprisonment from thirty days to six months, or both. 



SPECIAL LAW. 



Toim of Sandwich.— U &ny person shall take any oysters from their beds or destroy them therein, 
in the town of Sandwich, except as hereinafter provided, he shall forfeit for every bushel of oysters so 
taken or destroyed, the sum of five dollars ; Provided, howecer, that the selectmen of said town may 
give permits in writing to any inhabitant to take shell fish at such times and for such uses as they shall 
think reasonable, not exceeding two bushels for one family, and the use for which the oysters may be 
taken shall be expressed in the permit; Provided, furl ha; that any inhabitant of said town may, with- 
out permit, take one bushel of oysters per week from their beds in said town, for the use of bis or her 
family, from September 1st to June 1st annually. 

Any person entitled to one bushel of oysters per week, may, by an order, empower another 
person to take said bushel of oysters for his or her family use. 

Town of Wellfleet. — No person not an inhabitant of the town of Wellfleet, shall take>ny oysters 
within the waters of said town without a permit from the selectmen, nor shall any person, being an in- • 
habitant of said town, take any oysters for the purpose of selling them without a permit from the 
selectmen, who may grant the same for such sum to be paid to the use of the town as they shall deem 
proper, but the inhabitants of said town may take oysters for family use without a permit 

Violation of this act shall be punished by a fine of not less than five nor more than ten dollars, 
and cost of prosecution, and one dollar for every bushel of oysters so taken ; said fine to be recovered 
by indictment or information before a trial justice in the county of Barnstable. 

Toini of Somerset. — The town of Somerset shall have the exclusive control of the oyster fishery in 
that part of Taunton River within the limits of said town, and may sell at public or private sale ffiS 
right or privilege of taking oysters for a term of not less than three nor more than ten years at aiiy 
one time ; and all money arising from such sale or sales shall be paid to the treasurer of said town for 
its use. Any householder may take three bushels of oysters each month without a permit. 

Town of Sivansea. — This town has a special law similar to that of the town of Somerset. 

The towns on the Taunton Eiver and its tributaries lease their lands to stock companies nnder 
these local laws, and these companies work the natural beds for seed oysters, which are sent to d dis- 
tance to be sold for planting. 

The town of Somerset leases to the Somerset Oyster company, composed of citizens of the town, 

for a period of five years, at an annual rental of I 800 

Fall River leases to a firm in Wellfleet for 600 

Freetown to a citizen of Rhode Island for 1,000 

Deighton to another citizen of Rhode Island for 475 

Assouet to a Rhode Island company for 1,225 

Berkley to a Rhode Island company for 1,300 

These leases give the right to the natural beds, although the right of each citizen to catch oyster* 
for family use is reserved under the State general laws. 

There is no planting in the river, and the industry consists in the working of the natufttl 
beds for seed oysters, which are sold to distant planters. The bottom is annually shelled with frona 
25,000 to 30,000 bushels of oyster shells, and it yields about 51,000 bushels of seed oysters for sale. 
The people along its shores also get all the oysters they want for family use, and, in addition to the 



148 

$5,400 which is paid tliem each year for the rent of the beds, tliey also receive about $17,500, which 
ii paid them in wages for service in dredging, touging and transporting for the lessees of the beds. 
As the oyster area is only about eleven miles long, and covers only a small area, it will be seen that 
tiie system'is extremely profitable. 

The town of Wareham. — Fifty years or so ago this town leased to a company the privilege of 
taking oysters from its natural beds, but it annulled the contract in 1840 on the ground that the com- 
pany was exhausting the beds, as the practice of shelling the beds does not appear to have been 
employed. 

The town has divided the bottoms of its rivers and inlets into grants of about two acres each, 
which are leased for oyster planting for a term of twenty years at |2.50 each, and taxed on a basis of 
$50. Nearly all these grants, about 125 in number, are taken up, and the lands have been planted 
with seed oysters taken from the natural beds of the town. 

In 1874 the town voted that no one should be allowed to tisli for oysters on the natural bed 
without paying to the town a duty of ten cents a bushel. For three or four years the town derived 
considerable revenue from this source, but the law has excited opposition, and has led to the abandon- 
ment of the business, so that the revenues are now very small. 

Section 2. — Oyster Industry and Oyster Laws of Rhode Island. 

In this State the oyster law is based upon the principle that all property below high-water mark 
i» the public property of the whole State, and is to be administered in such a way as to secure the 
greatest good to the greatest number of its citizens, and the laws and methods in force are the results 
of a general policy which has been carefully matured and perfected. Under this wise administration 
the beds are now more valuable than they would be if they were left to nature, and their value is 
steadily increasing. 

Your commissioners are indebted to N. P. 8. Thomas, of Providence, the shell-fish commissioner 
of Rhode Island, for most of the information here given, and we have also made extracts from Inger- 
Boll's report on the "Oyster Industry of the United States." 

The oyster area of the State is. in part leased to private holders, and in part open to the public. 

The public beds are open to citizens of Rhode Island in the daytime, between September 15th 
and May 15th, except certain beds, which are open only from April 1st to June 15th, but no person 
is allowed to take more than ten bushels of oysters a day, under a penalty of $20. No one is allowed 
to take oysters from the public beds with any instrument except tongs or under-rakes, under penalty 
of 1300 fine and the forfeiture of the boat and all apparatus used, and the under-rake is defined by 
statute as follows: 'the handles of said rake being 16 to 20 feet in length, the head from 1 to 2 feet in 
length, filled with iron teeth from 6 to 10 inches in length, and mostly used through holes cut in the 
ice.' All shells and all small oysters unfit for market, are required to be returned to the beds, under 
a penalty of $20 fine for each offence, and the forfeiture of the boat and all apparatus used, and there 
is the same penalty for taking oysters at night. Any person who wilfully damages any public bed, 
by dumping upon it, or in any other way, incurs a penalty of ?500 fine for each ottence. No person 
who is not a citizen of Rhode Island is allowed to catch oysters on any public bed, under a penalty of 
$20 fine for each offence, and the forfeiture of the boat and all apparatus used; and a person who is 
convicted of a second offence against the oyster laws, forfeits for three years the right to catch oysters. 

There are three oyster commissioners, elected for five years by the Legislature, and they have 
the power to buoy off and close any oyster bed when they think it is becoming exhausted, or any new 
bed which may be discovered, and the taking of oysters from any beds thus closed, or the disturbance 
or injury of the buoys is punishe<l by a fine of $20 for each offense, and the forfeiture of the boat and 
all apparatus. 



144 



THE PRIVATE OYSTER FISHERIES OF RHODE ISLAND. 



The laws regarding the appropriation of ground for the private cultivation of oysters-in -RhcMiie 
Island are still in a somewhat tentative condition, and many great changes will, no doubt, be fijund neces- 
sary in the immediate future. They are, however, the result of a wisely matured general policy, and as 
they have within a few years greatly increased the supply of oysters, the amount of capital invested ^in 
the State, and the revenue from the oyster grounds, they are well worthy of careful study. 

The private grounds are held under two distinct acts, one of long standing to encourage oyster plant- 
ing, and another, passed in 1883, to develop an oyster-farming industry like that of Connecticut. The 
shell-fish commissioners state, however (December 9, 1883), that the industry has far outgrown all the 
existing legislation, and that essential changes will be recommended to the Legislature this winter. 



OYSTER PLANTING LAWS. 



The three oyster commissioners, who are elected by the Legislature for a term of five years, have 
power to lease, by public auction or otherwise, to any inhabitant of the State, any land below low-tide 
mark, whether it be a natural oyster bed or not, to be used as a private oyster fishery, for the planting 
and cultivation of oysters, upon such terms and conditions as they may deem proper, but not for less than 
five nor more than ten years, and the rental is fixed by law at $10 annually for each acre. 

The law at present does not permit the leasing of more than one acre in one lot or parcel to one 
person or firm, but strict adherence to this provision is avoided by common consent, and when there is no 
opposition, several acres are leased in one lot, the commissioners wording the lease as follows : " This land 
is leased in parcels of one acre each, but included in one lease for convenience," so that there is prac- 
tically no limit to the number of acres one person may hold, and the average, in 1879, was IT 2-10 acres 
to each holder. 

In its present form the law does not allow any one except an inhabitant of the State to lease land, 
and in 1879 the discussion of the question, who were suitable persons to receive leases under this proviso, 
led to a contest before the Legislature. It was well known that many Boston dealers planted oysters 
and carried on a business in oysters upon ground leased in the name of some inhabitant of the State, who 
might or might not aet as their agent. 

As the native fishermen held that this practice was an injury to them and an infringement of the 
law, they endeavored to procure the passage of a bill making it a misdemeanor for any lessee of oyster 
beds to be interested with any person not a resident of the State, under a penalty of $100 fine and can- 
cellation of the lease. This bill failed to become a law, however, and in 1880 one-third of the capital of 
$1,000,000, which was invested in the oyster industry of the State, was owned in Boston. 

The oyster commissioners are required to publish applications for leases, and before granting a lease 
to have the ground surveyed and platted, and to cause proper bounds to be set up on the shore in order 
to define the limits of the leased area, and to see that the leased area is inclosed by stakes or buoys: not 
more than two rods apart, unless this shall interfere with navigation, and to have the plats of all leases 
bound in a book. The lessee is required to pay all the expenses thus incurred, and also to pay the com- 
missioners $1.50 per day and their necessary expenses. 

The commissioners have the power to modify or cancel leases, and to remit rent in certain cases. They 
are required to see that the terms of the leases are properly fulfilled, and that rents are punctually paid, 
and in case of failure, they must terminate the leases, and they may resell at public auction any lot Upon 
which the rent has not been paid, with all the oysters upon it, after a week's notice has been given in 
some newspaper printed in Providence. 

The oysters planted or growing in any private oyster ground leased by the commissioners, are, during 
the continuance of the lease, the private personal property of the lessee, and the taking and carrying 
away of such oysters by any unauthorized person is larceny, and is punished by the forfeiture of the boat 
and of all the implements used, and by a fine of $50 for the first ofi'ence, and by a fine of $100 and 



14S 

imprisonment for six months for each subsequent offence, and the owner of the oysters stolen also has a 
private action for damages against the thief 

Wilful injury to any private oyster bed, or to any land leased for oyster culture, is punished by a 
fine of $500 and by forfeiture of boat and of all apparatus, and tampering with boundaries is punished 
by a fine of $20 and by double damages. 

The holders of private oyster grounds are not allowed to fish at night, under a penalty of $20 fine 
and the forfeiture of boat and apparatus ; and any one convicted of a second offence against the oyster 
laws, loses the right to catch oysters for three years. 

The commissioners and all police constables have power to enforce the oyster law and to seize the 
property of those who violate any of its provisions. 

The oyster cultivation of this State is almost entirely oyster planting, and most of the seed oysters 
are purchased outside of the State, although steps are now being taken to establish a farming industry in 
the deep waters, like that of Connecticut. 

OYSTEE FARMING IN RHODE ISLAND. 

In his message to the General Assembly in January, 1883, Governor Littlefield says : 

" The shell fisheries department has shown a steady increase in receipts from year to year. The 
commissioners have paid into the treasury for the year 1882 the sum of $9,7-11, and they estimate the 
income for the ensuing year at upwards of $10,000. It is evident that this industry, if properly devel- 
oped and nurtured, may be the source of large profit to the people of the State. Even the empty shells, 
which a few years since were deemed almost worthless, have now a commercial value. I am informed 
they sell for from two and one-half cents to six cents per bushel for shipment to our neighboring 
State of Connecticut, where they are planted in the waters of Long Island Sound. Here the young 
oysters form on the shells so planted, and in from one to two years these shells, with the ' set,' as it is 
termed, are sold to be replanted in our own waters, realizing from forty to sixty-five cents a bushel. There 
would seem to be no good reason why these shells should not in the first instance be utilized in the waters 
of our own bay and its tributaries, and I am informed that experiments are being contemplated by our 
commissioners with this end in view." 

" The commissioners deem it important that some change should be made ni our present statutes, 
relative to the shell fisheries, the industry having in some respects outgrown the present legislation, which 
was adapted rather to the development than to the regulation of the system. For this purpose they will 
submit some amendments, which, in their judgment, will accomplished the desired end." 

And the Shell- Fishery Commissioners, in their annual report of the same date, made the following 
recommendations : 

" There is an increase of income to the State for the rent of ground for the planting and propagating 
of oysters from year to year, for many years past, and we see no reason why this increase should not 
continue for many years to come. The legislation of the State has not only had a tendency to produce 
quite a revenue to the State, but to encourage a very profitable industry within the State, and giving 
employment to both labor and capital- By industry and attention to this branch of business, the lessees 
have not only added to the State both industry and money, but have produced oysters for the market at 
a much less price than they could have been purchased had not said industry been fostered and protected 
by legislation." 

" The present law requires the lessee to procure a plat of the ground to him leased, at his own 
expense. This, heretofore, when but little ground to him was leased, was probably a wise and just provision 
of the law but at the present time it seems no more than just that the State should pay the expenses of 
surveying and platting the ground so leased, because the plats could be made under one contract by the 
State for a much less sum than they could be furnished by individuals in small detached sections, and 
this would enable the State to have at all times in the ofBce of the commissioners a uniform set of plats 
under the control of said commissioners, which could be referred to at any time for the purpose of better 



146 

locating land unleased as well as land already leased, and the surveyor designated by said commissioneri 
could very easily'direct any alterations in the boundary lines of said lands." 

" In the opinion of the commissioners a law should be passed allowing parties to rent land covered 
by tide water of a depth not less than twelve feet at low tide, at a small rent, for a term not less than five 
nor more than ten years. We see no reason why the seed oysters could not be as readily raised in our waters 
as the waters of other States, thus building up a very large and profitable industry within this State." 

And in accordance with these recommendations the General Assembly passed in January, ISiS, a law 
givinw the commissioners the power to rent, at an annual rental of not less than $1 an acre, for a term 
not exceeding five years, any lands not already leased and covered at average low water by at least 
twelve feet of water, for the purpose of experimenting in the cultivation of oysters, and they also pro- 
vided for the survey of all such lands at the expense of the State. There is no limit to the amount that 
a person may hold under the law, and natural beds may be appropriated, but the most valuable natural 
beds are reserved under other laws, and the commissioners have declined to lease natural beds when, in 
their judgment, it is for the interest of the public to have them remain free or common. 

In a letter dated December 9, 1883, the commission states that about 1,100 acres are now leased for 
oyster culture, from which about $11,000 will be due to the State Treasury on Jannuary 1, 1884, and in 
addition to this about 300 acres have been leased for raising seed at $1 an acre under the new law, and 
this area will undoubtedly be greatly increased in the spring of 1884. 

Our own State, with nearly 1,000,000 acres valuable oyster bottom, has never derived a revenue of 
much more than $50,000 a year from this service, and it hardly seems as if comment upon this fact would 
be necessary, as any one can make the simple computation which will show the inefficiency of our present 
policy as compared with that of Rhode Island. 

Section III. — The Oyster Fishery and Oyster Laws of Connecticut. 

The methods employed ia this State are of the greatest interest, for Connecticut has been able, by 
the adoption of a wise plan, to build up a great oyster industry in a very short time, and to place the 
business upon a sound and substantial foundation. 

The natural resources of this State are as nothing compared with the resources of our own waters, 
for, upon the most liberal estimate, her natural beds do not exceed 5,000 acres, all told, while, according 
to Lieut. Winslow's careful survey, the waters of Tangier and Pocomoke Sounds alone contain 130 
square miles of natural beds. 

The 5,000 acres of natural beds furnish few marketable oysters, and are chiefly valuable as a supply 
of seed oysters for planting; but they are by no means large enough to furnish all the seed which is used 
by Connecticut planters, and as recently as 1881 hundreds of thousands of oysters were annually taken 
from the Chesapeake Bay to be planted in the waters of Connecticut. According to Ingersoll, 450,000 
bushels of Chesapeake Bay oysters were planted in the vicinity of New Haven in 1879, and 65,000 
bushels in Eastern Connecticut, or 516,000 bushels in all. 

Three years of efficient protection, under wise oyster laws, have produced such a change that the 
State which was so recently compelled to purchase oysters for planting has, as we are informed by good 
authority, this year furnished seed in considerable amounts to New York, Ehode Island and New Jersey, 
besides sending an immense supply to European planters. One firm shipped, in the spring of 18S3, sixty 
car-loads of seed-oysters to San Francisco from the beds of Connecticut. The sixty car-loads, or more 
than 15,000,000 young oysters, had been engaged by persons employed in planting on the Pacific coast. 

A method which is capable of producing such a result as this in three years' time is worth most careful 
examination, and we shall therefore give a minute account of the oyster policy of Connecticut, and a copy 
of her oyster law in full. (Want of space has compelled us to omit this law). 

The waters of the State are divided intiV two districts, a shore district, which is under the immediate 
care of the various towns which border upon the water, a Connecticut town corresponding in a general 



un 

way to a Maryland county; and a deep-water area which is under the exclusive jurisdiction of the State, 
and is managed by a board of three paid oyster commissioners, who are appointed for a term of three 
years by the Governor, with the advice and consent of the Senate. In each area there are natural beds, 
which are open to the public, and private grounds, which are appropriated to individuals or companies, 
by law, for the cultivation of oysters. 

THE PUBLIC BEDS OF CONNEOTIOUT. 

The natural beds are open to all residents of the State at all times except at night, but no one is 
allowed to use a steamboat upon them, or to use a dredge which weighs more than thirty pounds. 

The use of steam vessels for dredging upon public beds has only recently been prohibited. Steam 
vessels are used upon the private oyster beds, and the proposition to close the public beds to them was 
warmly attacked, but was finally adopted and made a law by the Legislature in 1881. 

" In gathering seed near shore, and somewhat otherwise, tongs and occasionally rakes (those with 
long curved teeth) are used ; but the marketable oysters are nearly all brought from the bottom by dredges 
of various weights and slight diflferences in pattern. In the case of all the smaller sail-boats, the dredges 
having been thrown overboard and filled, are hauled up by hand — a back-breaking operation. The oys- 
ters themselves are very heavy, and frequently half the amount caught is composed of shells, dead oysters, 
winkles and other trash, which must be culled out, thus compelling the oystermen to twice or thrice the 
work which they would be put to if there were nothing but oysters on the ground. The work of catch- 
ing the oysters by any of these methods is, therefore, very tiresome and heavy, and various improvements 
have been made, from time to time, in the way of labor saving, from a simple crank and windlass to 
patented complicated power-windlasses, similar to those commonly used in the Chesapeake boats. When 
a proper breeze is blowing, dredging can be accomplished from a sail-boat, with one of these windlasses, 
with much quickness and ease. In a calm, or in a gale, however, the work must cease, as a rule." 

" Under these circumstances, and as the businesg increased, it is not surprising that the aid of steam 
should have been enlisted ; nor, perhaps, is the controversy which has ensued to be wondered at, since 
the introduction of novel or superior power into some well-traveled walk of industry, has ever met with 
indignant opposition." 

" The first utilization of steam in this business, so far as I can learn, was by Capt. Peter Decker & 
Brother, of South Norwalk, about 1870." 

"After the Messrs. Decker's experiment, Mr. VV. H. Lockwood, of Norwalk, not an oysterman, but 
an enthusiastic believer in .steam-dredging, built the steamer Enterprise expressly for the business. Her 
length is 47 feet ; beam, 14 feet ; she draws 1 feet of water. She handles two dredges ; has a daily 
capacity of 150 to 200 bushels." 

" These were followed by several other steamers." 

" The Merwins, of Milford, and Mr. Wheeler Hawley, of Bridgeport, also have steamers of large 
capacity, so that there are now in all seven in Long Island Sound, but it is generally acknowledged that 
the most thoroughly equipped boat for this purpose, of the fleet, is owned bj' H. C. Rowe & Co., of Fair 
Haven, Connecticut. It is named the ' William H. Lockwood,' and is comparatively new, and cost 
between six and seven thousand dollars. The dimensions of this boat are : length, ii'S feet ; beam, 16 
feet ; draught, 5i feet. Her boiler is larger and her engine more powerful than usual in a boat of her 
size, and she can therefore be used for towing, and can force her way througii heavy ice in the winter, so 
that her owner is sure of a supply of oysters for his customers wlien other dealers may be unable, with 
sailing-vessels, to get them. Besides her regular propeller, she has a double engine for hauling dredges, 
which hauls all four dredges full of oysters at once, and lands them on deck, two on each side, at the 
rate of 800 bushels a day, if needed. This employs a crew of ten men, who are protected from the 
weather by a housing which covers in the whole deck." 



148 

Conuecticut has no license law and all boats are allowed to take oysters at any time upon the 
public beds; or at least this was the case in January, 1883, the date of the last report of the State 
commissioners, although in this report the commissioners recommend that each vessel or boat or 
steamer which is used in cultivating, gathering, planting or transporting oysters, either on the natural 
beds or on private grounds, shall be licensed and shall display a license number while so used. The 
object of this measure is not revenue to the State, but the protection of the private beds, and the 
license fee is only one dollar for each boat, and the license does not require annual renewal, but is 
good indeiinitely. The system of licenses and numbers is simply to prevent theft, and it is stated that 
such a law would render thieving almost impossible, since vessels working, without numbers, or ves- 
sels with numbers working upon the grounds of other persons could be detected at a distance. 

None of the oysters which are taken in the natural beds of Connecticut are sold as food, as they 
are all small and only tit for planting. They are sold to the holders of private planting grounds, and 
are almost exclusively' planted in the State. 

THE PRIVATE OYSTER GROUNDS OF THE STATE OF CONNECTICUT WITHIN THE AREA WHICH IS UNDER LOCAL 

MANAGEMENT. 

The natural beds of the area which is governed b}' the bordering towns, are, like those in deep 
water, public property, and they cannot be appropriated for private oyster cultivation, but each town 
has power to appoint a committee of five electors, who may designate any other grounds for this 
purpose. 

Application must be made to them in writing, and no person can appropriate more than two 
acres. The lauds which are thus appropriated are taxed like real estate. And they may be attached 
or executed upon like real estate. The oyster committee of each town has power to decide upon the 
sum which is to be paid for the grounds, and the term of years for which they are to be leased. !N^o per- 
son can gather any oysters upon private grounds unless they are properly staked or buoyed out, and 
marked at each corner with the owners name. 

The removal of oysters from private grounds without authority from the owner, is punished hy a 
fine of from $300 to §500, or by imprisonment for one year; and the injury or destruction of the 
stakes or buoys, or the grounds, or the oysters upon them, is punished -by a fine of from $7.00 to $50, 
or by imprisonment from one month to six months, and any boats which are used in violation of these 
laws are sold at auction, the captor receiving one-half the proceeds, and the town the other half. 

Certain towns, however, have a somewhat difierent law; thus the town of Guilford has, by special 
act of legislature, the right to lease its grounds for ten years, to the highest bidder at public aution, 
but it cannot lease more than five acres to one person. 

The grounds which are thus appropriated to private parties by the towns, are not used for farm- 
ing or propagating oysters except in a few casess, but simply for planting, and the seed is either taken 
from the public beds or is purchased from the holders of private grounds in the area under the juris- 
diction of the State, or from persons outside the State. 

The system does not therefore materially increase the number of oysters, but it does greatly 
increase their value, and it is therefore a great source of wealth to the people of the State, and nearly 
all lands adapted for the purpose are now appropriated. 

OYSTER CULTIVATION IN THE DEEP WATERS OF CONNECTICUT, ON GROUNDS OVER WHICH THE STATE HAS 

EXCLUSIVE JURISDICTION. 

The business of planting oysters in Connecticut under the provisions which have just been 
explained grew so rapidly that all the available inshore bottom near New Haven was soon occupied, 



149 

and these waters looked like a submerged forest, so thickly were they planted with boundary stakes, 
and at last Mr. II. C. Eowe ventured out into the deeper water of Long Island Sound and inaugurated 
a new era in American oyster culture by the establishment of an oyster farm in water forty feet deep. 

This new departure has led to the development of a new form of oyster culture which is not plant- 
ing, but flirming in its true sense, since the "seed" oysters are seeds in reality, bringing forth after 
their kind a thousand fold, and thus building up, on private grounds, what can- be most briefly des- 
cribed as artiiicial natural beds of oysters. 

The movement which has led to this result is the most important step which has ever been taken 
in America towards an enlightened method of managing the oyster industry. 

It has been met at each stage by the most violent opposition, and its history should be of the very 
greatest interest to all States which control waters in which oysters flourish. 

Mr. Rowe soon had many imitators, and as oyster culture in deep water cannot be managed on a 
small scale the tracts which were appropriated were necessarily outside the limit of two acres, which 
was all that was allowed by a strict interpretation of the law. 

The rapid development of the industry was watched with angr}' excitement, and as it was soon 
seen that the existing statutes had never contemplated anything of this sort, alterations and amend- 
ments rapidly followed one another, now in the interest of the deep-water cultivators, and now in the 
interest of the owners of the small planting tracts nearer the shore. 

The fishermen along shore indignantly opposed the caijitalists, and on the ground that everything 
under the water is common property, openly removed the oysters from private grounds. 

As there was no survey or exact delineation of the "natural beds," unlimited stealing from private 
grounds was perpetrated and looked upon with general favor by the great majority of the fishermen, 
on the plea the grounds in question were "natural beds." 

The deep-water cultivators, increasing in numbers and in influence, were able, in 1875, to secure 
the passage of a law declaring that in a considerable area of the State there are no legally "natural 
beds," and the possibility of successfully propagating oysters in great numbers, in deep water, was 
soon proven, and the busiuess continued to grow and to increase in importance, in spite of opposition, 
but so much discontent existed that the following resolution was passed by the Legislature of 1879 : 

"Whereas, the raising of oysters from the spawn in the deep waters of this State, in Long Island 
Sound, has proven by experience to be a success ; 

" Whereas, there is an immense tract of available oyster-ground between the town boundaries 
and the southerly boundaries of the State, which cannot at present be used, because the State has 
granted no authority to designate it; 

" Whereas, these grounds can be disposed of so as to bring a large sum into the Teasury of the 
State; therefore, 

"Resolved by the Assembly, That a commission, consisting of three person, be appointed by the 
Governor to prepare a plan, and report to the next session of the General Assembly, for the gradual 
disposal of the gi'ounds in the waters of this State which are suitable for the cultivation of oysters. 
Said commission shall examine all existing statutes relating to oyster-grounds and town lines in sound, 
all customs and by-laws in different parts of the State, and such other matters as pertain to oyster- 
fisheries, so that the system devised shall be of general application, and enable the State to dispose 
of the franchise of the grounds to the best advantage," and in accordance with this resolution acts 
were passed by the Legislature in 1881 and 1882 to provide for the needs of the new industry and 
place it upon a secure and permanent basis. 

The first step was the establishment of a line to separate the deep water fisheries from those along 
shore, which feiuftin under the wanageraent of the towns, while the State has i^ssumed exolusive 

■go . I ....,-. - . . 



150 

jurisdiction and control over all the fisheries outside the line, and has appointed a board of three paid 
©yster commissioners to oversee and govern this area. 

The most important duties of these commissioners are the sale of grounds for oyster cultivation 
and the assessment and collection of the State tax upon these grounds. 

The manner of selling grounds is as follows: Any person who has been a resident of the State 
for one year, or any oompany of such persons, may make application, in writing, to the commissioners 
for the right to cultivate oysters upon any part of the deep water area which is not a natural bed. 

The form of this application is prescribed by law, and it is given in full on page of this report. 

Upon receipt of such an application the commissioners are required to post for twenty days in the 

town-hall of the adjoining town the notice which is copied on page of this report in order to give 

all interested persons an opportunity to tile objections, and if no objections are made, or if those 
which are made are not sustained in a hearing before the commissioners, they are required, after the 
land in question has been surveyed and mapped, and after the applicant has paid them one dollar for 

each acre, to issue to him a lease in the form given on page of this report, which shall describe 

the grounds and shall state that he has purchased from the State the right to all the oysters upon 
them forever, provided they are not natural beds, and provided he shall at once cause them to be 
staked or buoyed, and provided he shall occupy them for the purpose of cultivating oysters within 
five years. The lands may be attached and executed upon like- real estate, and the owner may sell 
them to any resident of the State. He owns all the oysters upon them, and may take them by steam- 
boat or in any way or at any time that he chooses, but the commissioners recommended in January, 
1883, that a law be passed requiring every boat so used to be licensed and to exhibit a license nuniber. 
The fee for the license is to be one dollar, and it is good indefinitely, as the object of the law is not to 
raise revenue, but to protect the beds from unauthorized boats and to give a ready means of identify- 
ing each boat at a distance. (Lack of space has compelled us to omit, at the last moment, the docu- 
ments which are here referred to.) 

There is no limitation of the quantity of ground which a person may own, but an annual State 
tax of one per cent, is imposed upon all grounds appropriated for oyster culture in the deep water 
area. Each owner of ground is required to deliver annually to the commissioners a sworn statement 
of the number of acres he owns and of their value, and if he fails to do so the commissioners are re- 
quired to make up a statement from such information as they can get, and to add to this ten per cent. 
The tax of one per cent, is laid upon this valuation, and is collected by the commissioners for the 
State; and they may, after the legal limit of time has expired, seize and sell any property of the 
owner, which is not exempt from execution, in payment of the tax. 

Theft of oysters from the private grounds, or injury to the grounds ov ousters, is punished by 
stringent laws, which are given in full further on. 

Some of the grounds which are appropriated for oyster culture are used simply as planting 
grounds for small seed oysters, but most of them are true farms where fresh seed is raised each year. 
There are three methods of cultivation: 1st. The bottom is first cleared and is then covered with seed 
oysters, just as they come froni the natural beds, unculled, and mixed with shells, gravel, and so 
forth; or 2d. The bottom is covered just before the spawning season with clean o_yster shells, and 
twenty-five bushels of brood oysters are distributed over each acre to supply seed; or 3d. If the 
grounds are near a natural bed they are simply shelled and are left to catch the drifting spawn which 
is brought to them by the tides and currents. The shells do not "catcli a set" every year, and in case 
of failure it is necessary to rake over the shells or to cover them with fresh shells just before the next 
spawning season. Where a set is secured an enormous crop is the result, and the commissioners state 
that the dredge was drawn at random in their presence in a private deep water bed, and from an ordi- 
nary-sizec] sliovelfull of sliells there -were counted 20(3 jowng oysters in excellent condition, of the 



151 

average size of a quarter of" a dollar. As many as 100 young oysters have been counted growing on 
a medium-sized shell. 

The progress of the industry has been most satisfactory, and in 1882 $14,928.33 was paid to the 
State for ground, and the commissioners state in their annual report, January, 1883, that 

"There are now pending one hundred and fifty applications, covering an aggregate area of 
23,162 acres, all of which it is expected, will be surveyed and deeded in time for the next shelling 
season. Each application, so far as practicable, will be attended to in the order of its date." 

" The foregoing table affords the ground for the assumption that by the time of the opening of 
spring work, in 1883, forty-five thousand (45,000) acres of ground will have been deeded to applicants 
by the commissioners. These, with the fort3--five thousand (45,000) acres deeded by the towns prior 
to May, 1881, will show an aggregate of ninety thousand (90,000) acres held bj- cultivators under 
State jurisdiction." 

" Of this vast area a large portion has been cleared up and shelled. One firm has laid down 
250,000 bushels of shells. Several large growers have laid down as many as 200,000 bushels each. 
A still larger number have scattered 100,000, 50,000 and 20,000 each. There are about 30 steamers 
engaged in the business, besides a very large number of sailing vessels. Shells that but a few years 
ago were almost worthless have increased in value, and are sought after far and near. It is estimated 
by competent judges that the number of acres under cultivation is at least double what it was one 
year ago. With trifling excejitions good sets have been secured upon the beds, and if no unusual 
accidents occur, the crop, the next two years, will be enormous. One cultivator alone looks for no 
less than 1,000,000 bushels of marketable natives from his own grounds. Several other growers, 
individuals and companies are looking for like large crops, and all are planning to still further extend 
their farms." 

The new law has been in force for less than three years, yet' a writer in the New Haven 
Palladium this summer gives the following brief but significant statement of the result : 

"Fifty thousand acres of entirely barren ground, covered 30, 40 and 50 feet deep by the waters 
of Long Island Sound, have been made into productive oyster beds, and have multiplied by a hun- 
dred fold the production of the native oysters. Ten years ago tens of thousands of bushels of oysters 
were imported from New York, New Jersey and Rhode Island, and now hundreds of thousands of 
bushels are yearly exported to these States and to Massachusetts. Millions of dollars are now 
invested in the industry, thousands of men and women are employed, millions of bushels are in 
growing crops, and hundreds of thousands of dollars yearly come into the State as proceeds of 
exported oysters. The oyster cultivators have paid more than §50,000 to the towns and to the State 
for ground to cultivate, and pa}' a^ yearly tax to a large amount." 

The following account of the method of laying out and stocking a deep-water oyster farm in 
Connecticut, and the statement of the attendent expenses, is copied from IngersoU's "Report on the 
Oj'ster Industry of the United State:" 

" The process by which a man secures a large quantity of land outside has been described. It is 
thought hardly worth trying unless at least 50 acres are obtained, and many of the oyster farmers 
have more than 100 acres. These large tracts, however, are not always in one piece, though the 
effort is to get as much together as possible. He obtains the position of his ground, as near as he 
can, by ranges on the neighboring shores, as described in his leases, and places buoys to mark his 
boundaries. Then he places other buoys within, so as to divide his property up into squares, an acre 
or so in size. In this way he knows where he is as he proceeds in his labors. Having done this, he 
is ready to begin his active preparations to found an oyster colony." 

" The bottom of the sound opposite New Haven, as I have said, is much of it smooth, hard sand, 
with occasional little patches of mud, but with few rocks. The depth varies from 25 to 40 feet. Thii 



152 

area is almost totally void of life, and no oysters whatever were ever found there, except after some 
'dumps' were made outside the light-house, by the dredging boats which had been cleaning out the 
channel and deposited many living oysters along with the other dredgings in the offing. These 
dumps very soon became, in this way, oyster-beds, supplying a considerable quantity of seed, which 
was public property, to be had for the dredging, and taking their share in the incessant controversies 
as bones of contention." 

Preparation of a deep-ivater oyster-farm. — "When a cultivator begins the preparation of a deep- 
water farm, his first act is to scatter over it, in the spring (about May,) a quantity of full-sized, healthy, 
native oysters, which he calls 'spawners.' The amount of these that he scatters depends on his cir- 
cumstances; from 30 to 50 bushels to the acre is considered a fair allowance here, I believe. The 
rule is, 1 bushel of spawners to 10 bushels of cultch. He now waits until early in July (from the 5th 
to the 15th is considered the most favorable time,) when he thinks his spawners must be ready to 
emit their spat. He then employs all his sloops, and hires extra vessels and men, to take down to the 
harbor the tons of shells he has been saving up all winter, and distribute them broadcast over the 
whole tract of land he proposes to improve that year. These shells are clean, and fall right alongside 
of the mother-oysters previously deposited. The chances are fair for catching of spawn. Sometimes 
the same plan is pursued with seed that has grown sparingly upon a piece of ground; or young 
oysters are scattered as spawners, and the owner waits until the next season before he shells the^tract. 
Sometimes there must be a preparation of the ground, before any operations can be begun upon it, 
by elaborate dredging or otherwise. "Within the harbor, for instance, considerable muddy bottom has 
been utilized by first paving it with coarse beach-sand. No spot where there is not a swift current, is 
considered worth this trouble. The proper amount is 200 tons of sand to the acre, which can be 
spread at the rate of five-sharpie-loads a day, at no great expense. The sand forms a crust upon the 
mud firm enough to keep the oyster from sinking, and it need not be renewed more than once in five 
years." 

" Expense of an Oyster Farm. — In either case, therefore, the planter's expense has not been enor- 
mous. I present herewith two statements of the outlay under the operations outlined above, which 
are as follows: 

No. 1. — Fifty Acres. 

2,000 bushels spawners, at 30 cents $ 000 00 

15,000 bushels shells, at 3 cents 450 00 

Planting 15,000 bushels shells, at 4 cents 600 00 

11,650 00 

No. S. — Sixty Acres. 

2,000 bushels of spawners, at 56| cents 1,130 00 

17,000 bushels of shells, at 4 cents 680 00 

4,453 bushels Bridgeport seed, at 10 cents 445 30 

$2,255 30 
"In a third case, Capt. George H. Townsend gave me a statement of the expenses of starting a 
farm of 25 acres, off the mouth of East Haven Eiver. This was a more elaborate arrangement, but 
on the other hand was accomplished, through a variety of favorable conditions, cheaper than would 
have been possible with ground otherwise situated : 

2,000 bushels small river oysters, at 35 cents $ 500 00 

Spreading same and Staking, at 5 cents 100 00 

600 bushels dredged seed, at 40 cents 240 00 

10,000 bushels of shells, put down at 4 cents 400 00 

$1,240 00 



153 

" I think it would not be unfair to average the cost of securing, surveying and preparing the 
deep-water beds at about $40 an acre, or about $4,000 for 100 acres. To this must be added about 
$2 an acre for ground surveys, buoys, anchors, etc. But now tliat he has got his set everywhere upon 
this 50 acres of shells, the planter's anxieties have just begun. The infant mollusk, when first it takes 
hold upon the stool, the merest speck upon the surface of the white shell, is exceedingly tender. The 
chances iu its favor in the race against its numberless adversaries are extremely few, almost as few as 
befriended the egg when first it left the protection of the mother-mantle. The longer it lives the 
better are its chances, but the tender age lasts all through the autumn and until it has attained the 
size of a quarter-dollar piece. After that it will withstand ordinary discouragements. It often 
happens, therefore, that the 'splendid set' proves a delusion, and Christmas sees the boasted bed a 
barren waste. The cultivator finds his work as risky as mining. 'You can't see into the water,' he 
says; and the miner quotes back his proverb, 'You can't see into the ground.' A sutficieut cause 
may usually be assigned for the death of large districts of infant oysters which appeared to get a good 
start. Starvation is probably the true explanation. Some evil current bore away from them the 
necessary food. In other cases sj^ecific causes, the most potent of which are storms, can be pointed 
out." 

" Vicissitudes and Losses of Oyster- Planting. — In the fall just when the young oyster-beds are in 
their most delicate condition, occur the most destructive gales that afflict the Connecticut cost. They 
blow from the southwest, and if, as occasionally happens, they follow a stiff' southeaster, producing a 
eaoss-sea of the worst character. The water is thrown into a turmoil to a depth, in some cases, of four 
or five fathoms, and everywhere between that and the beach the oyster-beds are torn to pieces, all 
boundaries are dissolved, and windrows of oystei'S containing thousands of bushels, are cast up along 
the whole extent of the beach. Although so great a disaster as this is rare, it does occasionally happen, 
and hardly a ^\'inter passes without more or less shifting of beds or other damage by tempest. The 
burying of beds under drifted sand is more uncommon off I^ew Haven than easterly ; but in the harbor, 
where the bottom is soft, mud is often carried upon the beds to such an extent as to smother, if not 
wholly to hide, the oyster. All that part of the harbor near the mouth of West Eiver is so liable to 
this accident that oystermen have abandoned that district altogether. It is believed by many that the 
beds in the sound, in water more than twenty-five feet deep, are safe from disturbance from gales ; 
but others decline to put their faith in any depth thus far planted. Frequently o^-sters cast up by storms, 
if attended to immediately, can be saved and replanted with profit. 

'■'■ Mmiagement of the Oyster-Farm. — Having secured a colony of young oysters upon the stools 
which have been laid down for them, they are left alone until they attain the age of three, four or five 
years, according to their thrift and the trade for which they are designated, by the end of which time 
they have reached a large size and degree of fatness, if the season has been favorable. If, as is largely 
done by those planters who live at Oyster Point, the oysters are to be sold as seed to Providence 
River or other planters, they are taken up when only one or two years' old. Not a great quantity of 
this seed was so disposed of last year — not over 20,000 bushels, I should say. It is not considered, as 
a rule, so profitable as to wait for the maturity of the stock." 

Section TV. — The Oyster Industry and Oy'ster Laws of Kew York. 

In early days the waters of the vicinity of the city of New York abounded in oysters, and most of 
the early writers speak of their fine flavor and great size and abundance. As early as 1715 the colon- 
ists began to be alarmed by the diminution of the supply and it was found necessary to pass tlie follow- 
ing law : "From and after the publication of this act it shall not be lawful for any person or persons 



154 

whatever, native free Indians only excepted, from and after the first day of May until the first day of 
September, annually, to gather, rake, take up or bring to the market any oysters whatever, under the 
penalty of twenty shillings for every offense, to be recovered before any of His Majesty's Justices of 
the peace, who are hereby authorized and required to hear and finally determine the same, one-half 
thereof to turn to him or them that shall bring the same to effect and the other half to the poor of 
the place where the offense shall have been committed. And it shall not be lawful for any negro, 
Indian or mulatto slave to sell any oysters in the city of New York at any time whatsoever, under the 
penalty of twenty shillings for every offense, to be paid by the master or mistress of such slave or 
slaves, to be recovered and applied as aforesaid." Ingersoll says this is the first oyster law which was 
passed in this country. 

Many of the natural beds in these waters have been entirely exterminated, but notwithstanding 
the great drain upon them which has followed the growth of the city of New York, many of the beds 
in East River and upon the south shore of Coney Island are still in a prosperous condition, and con- 
tinue to yield fine oysters for food as well as a valuable supply of seed oysters for planting. The pre- 
servation of these beds is no doubt due in part to the prohibition of dredging, but chiefly to the fact 
that for the last fifty years their fertility has been increased by the practice of shelling them just before 
the spawning season, and thus securing the attachment and growth of a great number of young which 
would be lost without this artificial aid. 

The methods of oyster farming which are employed by the cultivators of New York are fully 
described in our chapter on oyster farming, and it is only necessary to say here that these efforts have 
resulted in the preservation of beds wliich, owing to their proximity to the great centre of commerce 
and population, have been very hea\'ily taxed by the demands which have been made upon them. 

LAWS OF NEW YORK. 

No person who has not been a resident of the State for six months can take oysters within the 
State, unless such non-resident is employed by a resident. 

No dredge operated by steam, or weighing more than thirty pounds, can be used. 

No natural bed can be used for planting or can be staked off for private use. 

No non-resident can plant oysters in the waters surrounding Staten Island without the consent of 
- the owner, and no non-resident can take oysters from the natural beds in the same waters. 

No person is allowed to dredge ou the natural beds in the vicinity of Staten Island. 

Any owner of land adjoining Harlem River may plant oysters in front of his property where the 
o-round is not occupied, and no person can take oysters from such ground without his permission, 
under a penalty of |50. 

The penalty for catching or dredging oysters on private grounds in East River is a fine of not 
more than $250, or imprisonment for six months, or both. 

In Queen's county, any resident may plant oysters in any public waters where there are no 
natural beds, but no person can hold more than three acres, nor can he hold it unless he uses it for 
planting. 

No person is allowed to take oysters in Great South Bay, Long Island, with a dredge, or in the 
nio-ht, or between June 15 and September 15, under a penalty of a fine of §250, imprisonment for six 
months, and an additional fine of $600 for each offense ; half the penalty goes to the informer. 

In Suffolk county any five or more persons who hold oyster lots may form a company or corpora- 
tion for the promotion of oyster culture in these lots. 

The towns of Babylon and Islip, in Suffolk county, have a special law, which is substantially a> 
follows : 



155 

" Any person who is of age, and who has been an inhabitant of the county for a year, may 
appropriate four acres, 'where the taking of clams cannot be profitably followed as a business,' and 
upon' the payment of $1 per acre annual rent and the costs of surveying he has the exclusive use of 
the land for the cultivation of oysters so long as he keeps it marked out and remains an inhabitant of 
the county, but he is required to pay his annual rent ou or before the first day of April, and to plant 
at least 100 bushels of oysters and shells on the ground within one year of the date of his certificate, 
and in case of failure the Oyster Commissioners have the power to terminate the lease." 

"Any person may sell and assign his interest in private oyster ground to any inhal^itant of the 
county for one year, but no person can at one time hold more than four acres." 

There are three commissioners appointed by the town auditors, with power to determine what 
grounds shall be appropriated, to make survey's and maps, to settle disputes regarding boundaries, and 
to receive money. 

The unlawful taking or disturbance of oj'sters on private grounds is punished by a fine of not less 
than §100, or by imprisonment for not more than 60 days, or both. 

There is no oyster police, but the planters have formed a protective association and employ 
private watchmen. 

Any inhabitant of the towns of Hempstead and Jamaica, in Queen's county, may appropriate 
three acres of any lands which are not already appropriated for the cultivation of oysters, and upon 
the payment of an annual rent of §5 per acre he has the right to use the land for this purpose so long 
as he remains an inhabitant of the towns. No dredging is allowed in these waters under a penalty 
of r<flOO fine, or sixty days imprisonment, or both, and the taking or disturbance of oysters in private 
beds is punished by |100 fine, to be recovered by the owner. 

Section V. — The Oyster Industry and Oyster Laws of New Jersey, Condensed -from Inger- 
soll's "Report on the Oyster Industry of the United States." 

In certain counties the closed season is from May 1 to September 1; in others, from July 1 to 
September 1, and in others, from May 1 to October 1, and there is a fine of $10 for each offense; but 
a holder of a private bed may take oysters at any time. In Cumberland county the taking of oysters 
on Sunday or in the night is punished by a fine of not more than $500, and by imprisonment. There 
is a penalty of $5 for offering oj-sters for sale, except from private beds, during the closed season. 

Residents are allowed to dredge in certain parts of Delaware Bay, but no boat is permitted even 
to carry a dredge in any other waters, under a penalty of $50 fine. 

There is a penalty of $50 for gathering oysters to be made into lime or used in the manufacture 
of iron. 

No one except a six-months' resident of the State is allowed to take oysters for himself or his 
employer, under a penalty of $150 fine or imprisonment, and the forfeiture of the boat and all appa- 
ratus used. 

Any person may enclose any creeks, ditches or ponds which lie within the bounds of his own 
land above any public landing, for oyster culture, whether there are natural oysters in them or not, 
and trespass upon such grounds or injury to the enclosure is punishable by a fine of $100 or imprison- 
ment for six mouths, or both; but free navigation cannot be obstructed by oyster enclosures. 

"No person shall take away from any natural oyster bank or bed, which is not private property, 
any old oyster shells which can be separated from the oysters without injuring them, and all such 
shells must be culled and tfirown back upon the natural beds, under a penalty of $10 fine and the 
forfeiture of the boat and apparatus." 



166 

The oyster beds of the sea-coast of New Jersey are governed by the general laws which have just 
been given, together with a few local laws, and no dredging is allowed, while the fisheries upon Delaware 
Bay have another set of laws, which will be noticed soon. 

The oyster industry of the sea-coast consists in part of fishing upon the public natural beds, and in 
part of oyster farming and oyster planting. 

The natural beds along the coast are numerous and valuable, and they formerly abounded in large, 
fine oysters, but for many years they have furnished scarcely any oysters large enough for food, and they 
are valuable only as a supply of young seed, for planting, and as most of the shells have been removed 
from these beds, together with the oysters, their value even as a seed supply has been greatly impaired. 

Experiments have shown that it is easy to greatly increase the yield of the public natural beds of New 
Jersey, by shelling them, but as public sentiment is averse to any private enterprise in this direction, the 
young oysters are usually stolen as soon as they are large enough to handle ; but in Great Egg Harbor 
River several men have, within a few yeai's, undertaken to raise young oysters by planting shells, and 
thus catching the floating young, and they have no difiiculty in thus catching every year an abundant 
supply of young oysters, which they sell to the planters. 

The planting industry of the sea-coast supports about nine hundred families, and about 77,500 bushels 
of Chesapeake Bay oysters and 250,000 bushels of native seed are annually planted, the latter chiefly 
from the natural beds of the State. The value of the planted oyster to the planters is about $310,000 
a year. 

The planting industry is regulated by the State laws, which have already been referred to, and by 
local laws, among which are the following : 

In 1870 a law was passed allowing the board of freeholders of Monmouth county to occupy for 
twenty years the grounds in Shark river, and to appoint commissioners to survey these grounds and divide 
them into two-acre lots, to be rented to citizens at public auction for from one to five years, with power to 
renew for ten'years more. The commissioners have power to enforce the laws and collect rents and fines, 
which are paid to the credit of the school fund. 

In 1877 two hundred lots were leased under this law at an average rental of two dollars a year. 

In Barnegat bay oyster planting has been in existence for more than fifty years, and the law allows 
any citizen of the State and resident of the county to stake ofl" two acres within three hundred yards of 
the shore for the cultivation of oysters, whether oysters naturally grew there or not, and to have the 
exclusive right to the ground. The penalties for the violation of this right are adequate, but public 
sentiment is opposed to the execution of the law, and no man is willing to risk his money in planting. 
The industry was formerly very prosperous, but while there are hundreds of acres of good bottom lying 
idle and plenty of capital ready to be employed, the business has dwindled away and is now of little 
importance. 

THE OYSTER FISHERIES OF THE STATE OF NEW JERSEY IN DELAWARE BAY. 

The whole eastern shore of Delaware Bay abounds in natural oyster beds, which formerly yielded 
large, fine oysters, but few of them now furnish oysters large enough for market, although they yield 
annually, according to Ingersoll's report, about 2,400,000 bushels of seed, which is planted upon about 
6,000 acres of private ground, and is ultimately sold by the planters for about $1,600,000. About 1,600 
families are supported by the business, which is managed under the following law, passed in 1856 : 

Section 1. Authorizes the board of chosen freeholders of Cumberland county to occupy for twenty years, for the use 
hereinafter stated, Maurice River Cove within the following boundaries: " Beginning at low-water mark, directly opposite East 
Point, in the township of Maurice River, Cumberland county, and running thence a soflth course to the main ship channel; 
thence by a straight line to low-water mark directly opposite to Egg Island Point, in the township of Downe, in said county, 
and thence by low-water mark the several courses and distances of the shore bordering on the said cove, apd covering the 
moutbi of the pevei-al streams that empty Into sftld cpye, to the place of begiaclog," But tUe " patHial oystev W^ in Maurice 



157 

River Cove or Delaware Bay, kuoivu scvcraUy as the East Point beds, Andrews' Ditch beda, the Pepper beds, the Ballast beds, 
and the beds that fall bare at low tide, shall uot be occupied for piauting oysters, nor dredged upon, nor shall oysters be takeu 
from the said beds, nor fiom any of the rivers or creeks of Cumberland county, for the purpose of planting (but all citizens of 
this State shall have free access lo them to catch oysters for tlisir own use)," under heavy penalties for violation. 

Sec. 2. Authorizes the board of chosen freeholders of Cumberland county to appoint one or more persons, holding office 
for one year, to stake off the said cove and make a survey and map of the sliores and land covered with water, a copy of which 
shall be filed in the county clerk's office, and " lay off aud caused to be marked by stakes such subdivisions of said cove, not 
exceeding ten acres each, as in their discretion shall seem best designed to promote the planting and growth of oysters; provided 
the navigation of said cove be in nowise obstructed thereby; provided, that no person shall own more thau ten acres and no 
company more than thirty acres." 

Sec. 3. Aud it shall be lawful for the said commissioners, after subdividing the said cove, as aforesaid, to lease the same at 
public vendue to the highest bidders, for not less thau one nor more than five years; the bidders shall in all cases be citizens of 
tlie State, and shall pay the sum bid anuurilly during the term of the lease Upon the payment or securing the payment of the 
annual rent, the bidder shall be entitled to the exclusive use of the designated laud for the purpose of planting oysters during the 
term specified in the lease. 

Sec. 4. Makes the penalty for trespassing upon or removing oysters from the leased oyster lots, without written permis- 
sion of the owner, liability to treble damages; for second offence fine not exceeding .$100, imprisonment for 00 days or both. 

Sec. 5. Enjoins upon the commissioners the enforcing of penalties aud forfeitures against non-resident offenders and the 
collection of rents due; after paying needful expenses and receiving compensation awarded by the board of chosen freeholders, 
the residue of money collected shall be ajiplied to the public sehool fund. 

Sec. 6. The commissioners shall make an annual report, under oath, of their proceedings and money transactions. 

Sec. 7. Excepts all natural beds from the operations of this law, which took effect April 1, 1857. 

SUPPLEMENTS. 

Sec. 8. Every boat or vessel lawfully catching, planting and growing oysters on the flats and grounds of Delaware Bay 
and Maurice River Cove, adjoining the counties of Cumberland aud Cape May, shall be assessed annually $5 upon all boats and 
vessels not exceeding five tons, and $1 per ton, custom-house measurement, upon all boats and vessels exceeding ten tons. This 
assessment to be paid by the master of the vessel to the collector of the oyster fund between March 1 and May 1 of each year. 

Sec. 10. Provides that the said special officer shall occupy an office at Port Norris, where complaints of the violation of the 
oyster laws may be made. This officer may " arrest any person or persons found stealing oysters in Maurice River Cove or Dela- 
ware Bay, or from the banks in Maurice River, or in any of the rivers or creeks of Cumberland county; and any person or 
persons convicted of such offence shall, for every bushel of oysters found in his or their possession, pay the sum of $1.50, and 
shall also, for every such offence, forfeit and pay the sura of $100. It shall be the duty of all citizens, when called upon, to aid 
the special officer in making seizures or arrests, and any citizen, or captain or commander of sail or steam vessel who refuses said 
aid shall pay $50 fine. 

Sec. 11. Appoints a collector of the oyster fund of Maurice River Cove, who shall assess and collect all dues from vessels; 
shall issue certified licenses, holding force for one year, to all captains of boats and vessels who shall pay the taxes heretofore 
required, permitting them to engage in catchiug or piauting oysters; shall refuse licenses to all boats or vessels not complying 
with the conditions of this act ; shall pay the salary aud expenses incurred by the special officer; and'shall himself receive for this 
service 5 per centum of all moneys he collects. 

Seo. 12. The collector shall keep true records of his transactions, record all licenses, etc., and furnish bonds in $2,000 for 
the faithful performance of these duties. 

Sec. i;?. Every captain, upon taking out the beforementioued license, shall take oath that he will at all times diligently aid 
in the enforcement of the laws of New Jersey for the peservation of clams and oysters, and will promptly report to the special 
officer any knowledge of any violation of said laws; and any captain refusing to take out said license and make said oath, shall 
forfeit his right to catch or plant oysters in Delaware Bay or Maurice River Cove, and if found doing so shall incur the penalties 
of a trespasser as heretofore prescribed. 

Sec. 14. The proceeds of all property seized aud sold shall be paid to the collector for the benefit of the oyster fund. (As a 
rule, one-half of all fines are similarly appropriated.) 

Sec. 15. All persons growing oysters in Maurice River Cove are authorized to meet annually on the first Tuesday of March 
at Fort Norris, and, having organized into a meeting, they may elect by ballot a special officer and a collector, to serve for one 
year ensuing, at a salary which may then be fixed; aud shall elect au auditing committee of five members, whose duty it shall be 
to examine and audit the accounts and vouchers of the collector of the oyster fund, and report upon them at each annual meet- 
ing. Tiiis meeting is also authorized by the consent of two-thirds of those present and entitled to vote, to raise a tax of $1 per ton 
per annum upon all boats of over five tons measurement, in addition to the tax heretofore imposed by this act ; said additional 
tax to be imposed for one year only at a time, and uot to be continued except by consent of two-thirds of the voters at a subse- 
quent meeting. 
21 



158 

Sec. 16. Wheuever, at tlie end of a fisfcal ye.ir, the oyster fuml, after expenses are paid, shall exceed |3,000, the collector 
shall pay the same to the State treasurer, to bo applied to the support of the schools of the State. 

Sec. 17. Forbids catching oysters "in Maurice River Uove or on any planting ground in Delaware Bay," between sunset 
and sunrise, under penalty of $50. 

Sec. 18. Enacts that every boat or vessel lawfully catching or planting oysters in Delaware Bay, to which a license is given, 
(as heretofore,) " shall wear in the middle of the mainsail * * * a number painted in black, IS inches long, and to be desig- 
nated by the license." 

*«**«**** ■» ****** 

Sec. 20. Makes it lawful for any per.son who has been a resident of the State for six mouths to m ike written application to 
the clerk of the Court of Common Pleas of the county in tliis State, -nhtre the applicant resides, for a certificate setting forth 
that the applicant is a resident (as above), is not engaged in planting oysters or clams, but desires to rake shell-fish within the 
waters of this State from the natural beds in Delawnre Ba}-, and designating the boat which he intends to make use of 

Sec. 81. The clerk aforesaid having satisfied himself of the truth of the applicant's statement shall thereupon issue to him 
a certificate slating the facts above. 

Sec. 32. Upon presentation of this certificate to the oyster-fund Collector of Cumberland county, it shall be the duty of 
that officer to issue to the applicant, without charge, except for fees, a license to gather clnms, oysters and shell-fish upon the 
natural beds in Maurice River Cove and Delaware Bay, on board the boat named in the license. 

Sec. 23. Stipulates small fees. 

Sec. 24. Nothing herein shall aflect the force of section 1 of the act of 1846. 

The Oyxtermeii's Association — Special Licenses. — Uqdcr tliis law an association of oystennen was 
formed, and is still in existence. Each year tlie board of twelve directors fixes the rate of taxation upon 
the vessels in the association ^Yhich is deemed needful to cover the expenses of the association. The 
chief outlay and main object of the association and fund is the providing of a watch-boat and police 
crew, which shall watch the beds in the cove against thieves, and arrest all boats that do not show, by a 
number in the middle of the mainsail, that they have a license. Last year (1879), from 227 boats licensed, 
about S2,000 was collected by Mr. Benjamin Campbell, collector at Port Norris. This year (1880) the 
fee is 50 cents per ton, custom-house measurement, and the total fee will amount to more than before, 
since 225 boats are already licensed. 

" As usual, where the oyster business has become of great dimensions, and planting is carried on on 
a large scale, there are a number of persons who are, to a greater or less extent, deprived of real or 
imaginary benefits and privileges which they enjoyed under a more primitive condition of things. From 
the enclosed river and ponds, and also from the outside waters of the bay southward of Egg Island, large 
nttmbers of large-sized and sweet oysters have always been taken and sent to market or peddled through 
the neighborhood. When planting beds were so greatly increased in Maurice River Cove, the shore 
people found that the diligent search for young oysters through marshes, and the persistent dredging 
during three-fourths of the year, were sensibly diminishing the supply of marketable oysters attainable 
by the small open boats. Of these there are fifty or more owned along shore. They are too small to 
come under the association's tax ; do not belong to planters, but are owned by men who live near the shore, 
and gain a large part of their livelihood by tonging and hand-dredging. These people, owing to misfor- 
tune or improvidence, are too poor to plant; but can do M'ell if they are allowed to catch all the year 
round in the southern part of the bay, where all oysters taken are of marketable size. For the protec- 
tion of this class, therefore, against any possible rapacity of more fortunate and powerful neighbors, the 
Legislature this year passed a law which gives general satisfaction. This makes it unlawful ' to catch 
oysters from any of the natural beds in Delaware Bay, north of a line bearing southwest from the mouth 
of Sow and Pigs Creek, in the county of Cumberland, from the last day of June in each year to the first 
day of April in the succeeding year, and no oysters shall be caught south of said line for the purpose of 
planting at any season of the year; and any person offending against cither of the provisions of this 
section shall be deemed guilty of a misdemeanor.' Punishments are a fine of $100, or imprisonment, 
with forfeiture of the craft and its furniture." 




]59 

Section VI. — The Oystek Industey and Oyster Laws of Delaware, Condensed feom Ingeesoll's 
Kevokt on the Oy'ster Industry of the United States. 

Tlie natural beds of tliis State are small and unimportant, covering less than 500 acres in all, but 
the planting industry is well developed, occupying .3,000 acres, employing 625 men, paying §117,000 
wages, and returning to the planters about $800,000, of which nearly §500,000 is profit. 

The natural beds furnish a very small part of the seed which is used for planting, most of which 
comes from the Chesapeake Bay. 

Of the 1,000,000 bushels of seed which is planted annually — 

488,880 buslicls arc fi-om Maryland. 

" " " Virginia. 

" " " Delaware. 

" " " New Jersey. 

1,074,700 

As the Chesapeake Bay oysters are said to cost the Delaware planters only about i'5 cents per bushel, 
the returns to the people of Maryland, for oysters, which yield nearly $250,010 of the profit to the citizens 
of Delaware, must be very small indeed ; in fact, as most of them are captured by boats which come 
through the canal into our waters for the purpose, the only benefit to our people is the State license fee 
when this is collected. The licensed boats must of course be owned by citizens of Maryland ; but even in 
this case the sale for 25 cents of oysters, which are resold for 80 cents, is a great loss to the State, since 
a system of oyster planting in our own waters would save us this added value. 

One of the most interesting features of the planting business in Delaware, is the fact that after a 
planting ground has been stocked year after year in this way, for ten or fifteen years, even upon muddy 
bottom, the accumulation of shells gradually hardens the bottom, and furnishing a suitable surface for 
the attachment of spat, oi'ten converts a mere planting ground into a true oyster farm or artificial 
" natural " bed. In such a case the law-abiding citizens of Delaware do not dispute the ri^ht of the 
owner, and the ground thus becomes extremely valuable and self-supporting. It is probable that the same 
results might be reached much more quickly by shelling the bottom thoroughly at the spawnino- season. 

Laws op Delaware. 

Section 1. Forbids any person not a citizen of the State to take oysters, or clams, or terrapins in the waters of the bay 
without having a license, which license shall be granted at a cost of $50 by a county clerk of the peace, and shall be good for 
one year for the boat named. Violation of this section shall be a misdemeanor, fined |50, and the boat and tackle shall be detained 
for trial before any justice of the peace. Powers are given to sheriffs to seize, and penalties for resistance of process are decreed 
at length. 

Sec. 2. Makes it unlawful for any person not a citizen of the State to take oysters, clams, or terrapins from any "river, 
creek, or pond within this State, and put them on board of any boat or vessel not wholly belonging to and owned by citizens of 
this State." Penalties for violation as in section 1. 

Sec. 3. All oysters caught in any such river, creek, or pond (except Misspillion or Murderkill creeks), shall be culled at the 
place where they are caught, and the young and refuse oysters there deposited. 

Sec. 4. Forbids taking away from any river, creek, or pond (except Delaware and Indian Rivers), more than 20 bushels of 
oysters or clams'at one time ; and no vetsel in any waters of this State shall be loaded from any vessels authorized by this section 
to carry 20 bushels or less. 

Sec. 5. It shall be unlawful for any person to take oysters from any river, creek or pond in this State, between April 30 and 
September 1, or at any time to be planted anywhere else in or out of the State, or to use a dredge there. Violation incurs fines 
and confiscation of vehicle and oysters obtained. 

Sec. 6. Prohibits selliui; more than five bushels of oysters from Misspillion creek to be taken out of the State. 

Sec 7. Any citizen of the State may appropiate to his own use not exceeding an acre of bottom for planting oysters, and, 
liaving marked the same by stake or other visible boundaries, and planted oysters therein, it shall be unlawful forany other person 
to ta^ce oysters therein growing, under penalty of forfeiting |.50 to the owner of such plantation. But no place shall be so appro- 



ICO 

priated where oystcrg are growing, or so as to impede aavigxtion ; uor shall more than 40 feet square of Lewes creek bo appro- 
priated by any person. 

Sec. 8. Forbids laying out or beddiug oysters on the flats, shore or bank of any stream. 

Sec. 9. Protects terrapin eggs. 

Chap. 551. 

Section 1. Every i^erson or company engaged in the business of opening oysters in this State for exportation amounting to 
more than $500, shall take out a license. 

Sec. 2. This license shall be granted by a clerk of the peace for $39, good for one year. 
Skcs. 3 to 7. Instructions to officers, etc. 

Laws of 1871— Chap. 9. 

Section. 1. All oyster plantations, not exceeding 15 acres, heretofore made in the Delaware Bay, shall be decerned the posses- 
sion of the respective planters of them, and the oysters thereon shall be their private property, on condition that rent shall bo 
paid as hereinafter provided, beginning May 1, 1871. 

Sec. 2. Any person may appropriate not exceeding 15 acres of tlie free bottom of Delaware Bay, south of Reedy Island and 
west of Blake's Channel, for planting oysters, which shall be properly designated by stakes. This ground, and the oysters 
planted thereon, shall be private property. " But before any one shall avail himself of this privilege he shall apply, iu writing, 
to the said collector for a license for that purpose, and pay to said collector the sum of $25 as the fee and ptice therefor, aud also 
the sum of $3 per ton (custom-house measurement) for the vessel to be employed in the business of planting. The said license 
shall last only for one year. * * * The privilege granted by this, and the first section, shall not embrace any portion of the 
bottom which is a natural oyster bed, aud has been hitherto used and worked as such, nor shall it be extended beyond the mere 
right to plant oysters and hold them as property." 

Sec. 3. No person not a resident of the State, or a regularly licensed planter, shall dredge or otherwise take oysters from any 
public oyster bed of this State; penalty, $100 for each day's offence and forfeiture of all boats aud tackle. "The fee for license 
to dredge the public beds shall be $3 per ton (custom-house measurement), * * * but such license shall not be taken to 
authorize the planting of oysters." 

Sec. 4. " The different plantations shall be treated as numbered in the order iu which the licenses to plant are issued under 
this act, and the boat or vessel used » * * shall wear that number painted in black, at least 18 inches loig, in the middle of 
her mainsail." And also " shall wear, in the middle of her mainsail, a Roman letter, painted in black, 18 inches long, to be 
designated in the license." 

Sec. 5. For the purpose of protecting the oyster beds in the bay, and those who plant oysters under this act, the collector 
of license-fees is instructed to purchase or hire out of the money collected a suitable " watch-boat," manned by a captain and 
two men. She shall be employed night and day from March 1 to September 1, or longer, and may call upon auy other boat's 
crew to help her as % posse comiiaiua in the enforcement of this act against trespassers. The proceedings to be taken subsequent 
to arrest, and upon conviction, with disposal of fines, are fully stated. 

Secs. 6, 7, 8. Instructions to captaiu of watch-boat as to powers and duties, and statement of form of proceedings against 
offenders, and penalties for those who resist the police. 

Sec. 9. Forbids any one dredging in July or August, or on Sunday, or between sunset and sunrise. 

Sec. 10. Taking oysters from another's plantation is designated to be larceny, and punished accordiugly. 

Sec. 11. Forbids depositing ojslers iu any streams iu this State and taking them up in July or August, except with tongs^ 

Sec. 12. An oath is required of every person taking out a license, that he will not violate or allow his vessel to be used in 
violation of this act. 

Sec. 13. A license applies to only one vessel, whose name must be stated therein. 

Sec. 14. The governor shall furnish suitable licenses in blank to the collector. 

Sec. 15. The collector shall be appointed by the governor of the State; he shall take oath of office and give penal surety. 

Sec. 16. The duty of the collector shall be to enforce this act ; when so engaged the watch-boat shall be under his orders, 
and he is clothed with all the needful powers. 

Sec. 17. Creates a new justice of the peace at Little Creek Landing, Kent county, specially to administer this law. 

Sec. 18. Compensation of collector fixed at 5 per cent, of moneys collected, not to exceed $1,000; of captain of watch- 
boat, $80 per month , and of crew, $40 per month each, they finding their own board, to he paid out of funds collected.. 

Sec. 19. Moneys collected to be for the use of the State, except what is needed for expenses under the act. 

Sec. 20. Publication of the act. 

Sec. 21. In case of the use of a boat of only two tons burden, the license shall cost only $25. 

Laws op 1875. 

Section 1. Instructs all oyster boats acting under Delaware laws not only to cease their occupation, but to be taken " withiu the 
land " at or before sunset, and the captain of the watch- boat must enforce this. A signal for retiring shall be given from the 



IGl 

watcli-boat ; and when this is shown there shall be an cad, until sunrise next day (not Sunday), of all work upon the oyster 
plantations or upon the public beds. Such signals shall be the lowering of the watch-boat's flag. This flag' shall be of navy-blue 
bunting, six by four feet in length, with a diamond of white in the centre, having a diameter of two feet between'^ the points 
farthest apart. She shall always wear it at her maiutopmast head during the working hours, and she shall never leave the 
planting grounds, but shall cruise up and down the same, if the wind will allow, except when she is compelled by floating ice, 
severe stress of weather, accident, or want of repairs or supplies, from remaining in the bay, it being the design of passing this 
act, as it was of passing prior acts, that honest parties who plant oysters under the shield of the State authorities shall be pro- 
tected in the riglits which were intended or hereby meant to be secured to them; and that offenders against such authority shall 
be brought to condign punishment. 

Secs. 2, 3. Prescribes as penalties for violation of section 1, annulment of license, forfeiture of boat and equipment, and 
refusal of license for two years succeeding the offence. The exact method of procedure before the court, in executiug trial and 
penalties, is set forth at length. 

Sec. 4. Where a plantation license has been issued and a plantation appropriated, and the fee for any year is in arrear, no 
right to dredge or dispose of said plantation shall exist until all the back fees are paid up, and no sale or disposal of an oyster 
plantation, or right to dredge it, or plant upon it shall be valid until first approved by the collector, who shall not give his 
approval if, in his judgment, it will be prtjudical to the interests of the State, or of planters whose, plantations lie in the 
neighborhood. 

Sec. 5. No boat whatever shall be allowed to work until her ow*er has complied with the law in regard to wearing her 
number, of legal dimensions, upon her mainsail ; and if she attempts to do so she shall be seized by the collector or captain of the 
watch-boat and held until her number is painted upon her sail. 

Sec. G. It shall be the duty of the person for the time being in charge of the watch-boat to report at once to the collector 
all violations, * * * and a failure to do so shall be a forfeiture of any wages that may be due him; and further, he shall 
not be allowed any longer to have charge of the watch-boat, and his place therein shall be vacant. * * * The possession or 
having the care and management of any oyster-boat shall, for the purposes of this act, be deemed and taken to be conclusive proof 
of ownership, * * * and all persons on board of her at the time of such violation shall be deemed and taken to be princi- 
pal offenders, and be dealt with accordingly. 

Sec. 7. It shall be the duty of the collector and the captain of the watch-boat to see that the name of any boat employed in 
planting or dredging for oysters is plainly painted on her ctern, and a failure to do this, or a concealment of the name, shall be 
jjunisheJ by the annulment of license and a refusal of license ever after. 

Sec. 8. It shall be the further duty of the collector and captain to ascertain, at least once every month, and keep a record 
thereof, the name of the owner of every boat employed in the oyster business, and those on board of her shall give it to him, and 
the name given shall be taken to be the true name of such owner, who shall be held * * * an accessory before the fact to 
any violation * * * of this or the aforesaid acts, and liable accordingly. In case refusal be made to furnish the name of the 
owner, or there should be reason to believe that the true name is not given, it shall be the duty of those officers, respectively, to 
immediately take the boat itself into his custody, and detain her until the proper and right name be furnished; and to that end 
he shall have power to call upon and require, as he may in every other case of necessity, the sheriff of the county to aid him, 
which sheriff may employ any force or means whatever for that purpose. 

Secs. 9 and 10. No license to plant oysters shall be granted until the applicant shall furnish the collector with a statement 
of the boat or boats to be employed by him in the business, giving separate name and tonnage, and the name of the owner and 
the persons who are to work her. 

Sec. 11. The State Treasurer shall require from the collector « * » information, on the first day of June and Septem- 
ber of each year, of the names and residences of all persons having license to plant oysters or dredge for them, and the names of 
the boats used in the business. 

Sec. 12. When the captain of the watch-boat has knowledge of a violation of any of the provisions of this or the other 
acts with which this is connected, he shall proceed immediately to seize the boat or boats employed in such violation, and hold her 
or them in his custody until the collector has proceeded to enforce the provisions of this and the other of said acts. 

Sec. 13. Neither the captain of the watch-boat, nor any of her crew, shall receive any pay for the time not actually and ac- 
tively spent in the discharge of the duties required by this act, and the act to which this is a supplement, but sucIj time shall be 
deducted in the computation of their wages. 

Sec. 14. The captain and crew of the watch-boat shall be practical seamen, and part of their duty shall be to keep the boat, 
her apparel, tackle and furniture in good repair and condition, and this without extra charge; and no repairs involving extra ex- 
pense shall be made without the concurrence of both the collector and captain, and then only such as are authorized by law. 

Sec. 15. The collector shall issue no license nor permit any boat to dredge until the price or fee fur said license has been ac- 
tually paid, and the collector violating this provision shall not only be responsible for said license fee, but shall, in addition there- 
to, forfeit a like sum to the State. 

Sec 16. The collector shall keep a true, accurate list of all licenses issued by him, giving the name 'of every boat and cap- 
tain thereof, respectively, with the amount paid for each license, which list he shall publish in at least one newspaper in Dover, 
the first week in April and October each year. 

Sec. 17. The collector shall keep a separate account in the Farmers' Bank at Dover of all moneys received by him for li- 
cense issued, and shall deposit weekly, all moneys received by him therefor ; and all disbursements which he is or may be author- 
ized by law to make, shall be by checks drawn on said fund in his official capacity. 



1G2 

Sec. is. When Ibo boundary stakes required by the act to which this ia a supplement, have once been set, it shall be neither 
a defense nor excuse for any person prosecuted for a violation of any of the provisions of this act, or the act to which this is a 
supplement, that they were not standing or visible at the time the alleged offence was committed ; but if the person accused be 
proven to have taken oysters anywhere but on his own ground, he may be properly convicted. 

Sec. 19. Repeals section G of chapter 363, laws of 1873 . 

Sec. 20. The sum of f300 is to be set apart annually, from the oyster-fund of Kent county, to the improvement of certain 
roads alon" the shore. " And in order to facilitate such improvement, it shall be the duty of all oystermen to laud and de- 
posit their oyster-shells on shore, at some convenient place to said road, so that they may be used in said repairs, and it shall be 
unlawful to empty or throw such shells into the water, unless the distance from the place shall be so gx'eat as to make it unreason- 
able to land and deposit them as aforesaid, of which unreasonableness the collector and road-overseer shall concurrently be the 
judges." 

Sec. 31. The foregoing act to be printed and distributed to owners of boats. 

Under the operation of these laws there were registered, in 1879, Qi boats. The proceeds of their li- 
cense-fees amounted to $5,324. The statistics for 1880 were not available in time for this writing, but 
will not greatly differ from those of the previous year. Many of the boats take out a dredging-lieense 
only, and do not pay the extra $25 which entitles them to plant. 

Section VII. — The Oyster Laws of Virginia. 

The State of Virginia does not permit dredging, and the revenues of the State are collected by a sys- 
tem of taxation upon all oysters sold. 

The laws are unsatisfactory, and are undergoing continual change. For this reason it does not seem 
advisable to print them in full, and we therefore give abstracts of some of them, and quote in full only 
those which relate to the system of taxation and to oyster planting. 

The laws relating to the Potomac River and to Pokomoke Sound have been given in a preceding 
chapter. 

The other laws of Virginia are in effect as follows : 

The catchino- of oysters on Sunday, or between one hour after sunset and one hour before sunrise, is 
prohibited by the Act of March 6, 18S2, under a fine of not less than $50 nor more than $100, and the 
forfeiture of the vessel used ; and the informer receives one-half of the net proceeds of the sale of vessel. 

According to section 23 of the Act of March 6, 1880, any person who catches oysters with tongs, be- 
tween May 15 and September 1, shall be fined not less than $10 nor more than $50 for each ofience; but 
any person may take two bushels a day for family use, and the owners of planted oysters may take them 
for family use at any time. 

According to section 25 of the same Act, any person who plants oysters, or purchases them for plant- 
ino- between May 15 and September 1, shall be fined not less than $10 nor more than $50 for each offence ; 
but citizens of Westmoreland and Northumberland counties may take oysters in the Potomac, for plant- 
ing in tributaries of the Potomac. 

Any person who takes oysters with any instrument except oyster-tongs shall be confined in the pen- 
itentiary for not less than one nor more than three years, and the boat shall be forfeited to the State and 
sold at public auction by the Sheriff within ten days after conviction ; and one-half of net proceeds shall 
be paid to the captor and 10 per centum shall be paid to the Sheriff. (Act of March 6, 1880, sees. 1, 2, 3). 

Aecordino- to Act of February 6, 1880, any resident who wishes to take oysters with tongs, for sale, 
must first be registered by inspector, and must receive and exhibit registration number, and he must pay 
an amount equal to the tax imposed by law upon the probable amount of his sales for the next three 
months; and on the first day of December, or as soon thereafter as practicable, he shall, under oath, to 
said inspector, make a statement of his actual sales; and he shall pay the deficiency or receive the surplus ; 
and the like advances and the like settlement shall be made in each successive period of three months ; 
and upon failure to comply with the law, he shall be fined not less than $5 nor more than $25 for each of- 
fence. 



163 

According to the sections 21, 22 and 43 of the Act of March 6, 1880, if any person who is not a tax- 
payer, and who has not resided in the State for twelve months next preceding, shall catch or plant oysters 
in Virginia, or in the Potomac River, or in Pocomoke sound, and if any resident shall be concerned or in- 
terested with such non-resident, in catching or planting oysters, or shall knowingly permit such non-resi- 
dent to catch or plant oysters in his name, said person shall forfeit $500 and the vessel employed. 

If any person shall unlawfully remove planted oysters or shells, he shall, if the amount taken be of 
less value than $50, sutler the penalty for petit larceny, and should the value be greater than $50, he shall 
sutler tlie penalty for grand larceny. (Act March 0, 1880, sections 41, 42). 

No person shall catch oysters for manufacture of lime, rxnder penalty of $50 for each hundred bush- 
els. (Act March 6, 1880, section 24). 

All oysters in shell must be measured in a lawful measure, sealed by an oyster inspector of the county, 
and all other oysters shall be sold by standard wine measure, under penalty of not less than $10 nor 
more than $50 for each offence. (Act March 6, 1880, sees. 26, 27, 28, 29). 

No person shall stake in, for planting oysters or shells, any natural bed, and it shall be the duty of 
inspectors to require all persons violating the provisions of this act, to remove all oyster stakes or other ob- 
structions, and if any person fails to comply Avith such notice, the obstructions shall be removed by inspec- 
tor, at the cost of the offender, who shall be liable to a penalty of not less than $10, nor more than $1,000. 

Act of March 6, 1882. 

1. Be it enacted by the General Assembly of Virginia, Thai all that portion of Ilarapton flats and the grounds thereof, lying 
in and adjacent to the county of Elizabeth City, connncuciug at the mouth of Hampton Creek and running along the Shore line, 
at low water mark, to the mouth of Salter's (or Salford's) Creek, and included between the said low water-mark along said shore 
line and a line commencing at Pettycoat Bony, at the mouth of said Hampton Creek, and running thence in a southwesterly di- 
rection to the Newport News Point, be and they are hereby declared open and eligible for the planting of oysters for the period 
of twenty years from tlie passage of this act, subject to the provisions hereinafter contained. 

2. That if any person resident within this State shall be desirous of sowing rsv planting oysters on any of said flats or 
grounds hereinbefore described, such person may apply to the inspector of oysters for the county in which said flats or grounds 
are located, or to which they are adjacent, stating as near as may be the quantity proposed to be planted or sowed, and the said 
inspector shall assign to such person, on such portion of said flats or grounds as ma)' be agreed upon between tliem, so much of 
the taid flats or grounds as may be necessary for the quantity of oysters, so to be planted or sowed. Such person shall cause the 
same to be marked and laid off with suitable stakes, according to assignment, and thereafter the exclusive right of planting or 
sowing oysters on such grounds, s-o assigned, shall be vested in such person for the period of one 3"ear, with the privilege of re- 
newing the same from year to year, upon such terms as may be prescribed by law while this act shall be in force. 

3. That where any of the said flats or grounds hereinbefore described are now used or occupied by any person a resident of this 
Slate for the planting or sowing of oysters, the inspector, in making assignment of such ground so used or occupied, shall give 
preference to such person or persons so using or occupying the same as aforesaid. 

4. That all oysters sowed or planted on the flats or grounds aforesaid shall be subject to tlie tax and restrictions imposed 
upon planted oysters and Ihe planting thereof, prescribed by sections five, sixteen, twenty-one, twenty-two, twenty-three, twenty- 
four, twenty-five, twenty-six and twenty-seven of an act for the preservation of oysters and to obtain revenue for the privilege 
of taking them within the waters of this commonwealth, approved April 18, 1874, so far as the same are applicable thereto. 

5. This act shall be in force from its passage. 

Act of February 16, 1880. — State Property in Oysters. 

1. All the beds of the bays, livers and crctks, and the shores of the sea within the jurisdiction of this commonwealth, and 
not conveyed by special grant or compact according to law, shall continue and nmain the property of the commonwealth of 
Virginia, and may be used as a crnimou by all the people of the Slate for the purpose of fishing and fowling, and of taking and 
catching oysters and other shell fish, subject to the reservations and restrictions hereinafter imposed. 

2. No grant shall hereafter le issued by the register of the land oflice to pass any estate or interest of the commonwealth 
in any natural bed, rock or shoal, whether the said bed, rock or shoal shall ebb bare or not. 

Rights op Land Owners. 

.3. If any creek, cove or inlet makes into or runs through the land of any 'person, and is comprised within the limits of his law- 
ful survey, such person or other lawful occupants shall have the exclusive right to use said creek, cove or inlet fur sowing or plant- 
ing oysters or other shell fish, notwithstanding the reservation hereinbefore made. 



164 

4. The rights of the owners or occiiijants of laud on any of the other shores, bays, rivers or creeks within the jurisdiction 
aforesaid, shall extend to ordinary low water mark ; but it is not intended bei'eby to deprive them of tlic privilege extended to 
others by the first section of this act. 

Tax on Planted Oysters. 

5. It shall be the duty of the township assessor when he assesses the other property of his township to require all persons 
depositing or planting oysters or shells to state (upon oath) the cash value of all such oysters or shells deposited or planted 
during the preceding year, which amount shall be entered by the assessor in his books in a separate column, and the person 
thus depositing or planting such oysters or shells shall pay a tax upon their assessed value equal to the tax imposed upon other 
species of property, and the said tax shall be collected by the treasurer or collector of the county, township or corporation as 
other taxes arc collected. The treasurer of such county or corporation shall report to the auditor of public accounts the amount 
so collected. Any person failing to comply with the provisions of this section shall be fined in a sum not less llian ten nor more 
than five hundred dollars. 

Planting Oysteus — What to be Paid for the Privilege. 

6. If any owner or occupier of land, having a water front thereon suitable for planting oysters, shall be desirous of obtain- 
ing a location thereon for planting them exclusively for the use of his family, he may make application to any inspector for the 
county in which he resides, who shall assign to him, on such location as such owner or occupant may designate, in front of his 
land, a quantity suflicient for the said purpose, to be judged by said inspector, subject to appeal to the judge of the county court 
of the county in which said land is located, either in term time or vacation, who is hereby authorized to take cognizance of the 
same and make such assignment as shall seem proper, provided that the said assignment shall not exceed one-half of an acre; 
and provided further, that the privilege thus accorded to the riparian owner may at any time be revoked at the pleasure of the 
General Assembly. It shall be the duty of such owner or occupant to cause the same to be marked with suitable stakes, accord- 
ing to the assignment, and thereafter he shall have the exclusive right to the use thereof for the purposes aforesaid: and this 
privilege is accorded to said owner or occupant in consideration of the extra valuation ordinarily assessed upon such land for the 
water privilege supposed to attach thereto; provided, however, that if said owner or occupant shall sell any oysters from said 
reservation he shall pay a tax of fifty cents on every hundred dollars' worth so sold by him. The inspector making the 
assignment of reservation shall be paid by such owner or occupant a fee of one dollar. 



165 



CHAPTER XI. 

An Act to Encodrage the Cultivation of Otsteks and to Protect and Develop the Oyster 
^Industry of the Chesapeake Bay and its Tributaries. 

In the body of our rej)ort we have given all the information which we have been able to obtain from 
all sources regarding the protection and development of the oyster industrj', and we have also made many 
recommendations with reference to the development of our own iisheries. 

Wliile we feel that, in doing this we have performed, to the best of our ability, the duty required of 
us, we also feel that the ground covered is so extensive and the complexity of the subject is so great, that 
much labor will be saved if our various recommendations are presented in the form of a bill. 

We therefore respectfully ask to call your attention to the recommendations in chapter VIII, page 
134-, and also to the accompanying bill, for the " Encouragement of Oyster Cultivation and for the Pro- 
tection and Development of our Oyster Industry." 

Be it enacted by the General Assembly of Maryland, That the owner or owners, or other lawful 
occupant or occupants of any land bordering on any of the navigable waters of this State, the lines of 
which extend into and are covered by said waters, shall have the exclusive right to use the^ame, within 
said lines, for the cultivation of oysters. 

And be it enacted. That the owner or owners, or lawful occupant or occupants of any land bordering 
upon any creek, cove or inlet, shall have the exclusive right to use said creek, cove or inlet, for the culti- 
vation of oysters, above the line where said creek, cove or inlet first ceases to be more than one hundred 
yards wide at mean low-tide mark. 

And be it enacted. That any one who shall construct an artificial pond upon land of which he is the 
owner or lawful occupant for the cultivation of oysters, shall own said pond and its contents. 

And be it enacted. That when the owner or lawful occupant of any land in which there may be any 
salt water creek, cove or inlet, shall desire to dam, gate or lock the same for an oyster pond, for the culti- 
vation of oysters, he may make written application therefor to the oyster commissioners, who shall visit 
and examine it, and if, in their opinion, to dam it will not injure navigation or deprive the public of any 
rights or privileges, they shall mark off or set bounds where a dam may be built, and the owner of said 
lands may then construct and maintain such dam, gate or lock during the pleasure of the General 
Assembly. 

And he it enacted. That any citizen of Maryland may make application under oath in writing to the 
Circuit Court of any county, for a permit to locate and appropriate five acres of bottom, not already 
located and appropriated, for the cultivation of oysters, which application shall be in the manner and form 
following, or of the terms and effect following, to wit : 

Application for a Permit to Cultivate Oyders in County. 

I, , of the county or city of , in the State of Maryland, respectfully show that I am a citizen 

of Maryland ; that the grounds hereinafter designated are not already appropriated ; that 1 wish to use 
said grounds for the cultivation of oysters; that I hold no permit in any county of Maryland, to cultivate 

oysters upon grounds which, together with the acres herein applied for, amount to more than five 

acres. I therefore respectfully ask that, pursuant to section of an act entitled " An Act to encour- 
age the cultivation of oysters," passed by the General Assembly of Maryland, , 18S...-, you will issue 

22 



166 

to me a permit to cultivate oysters upon the acres of ground located under the waters of 

county, and more particularly bounded and described as follows, to wit : 

Dated at , Maryland, this day of , A. D., 188.... 

, Applicant. 

Personally appeared before me the above named and made oath that the above-named state- 
ments are true. 

, Justice of the Peace. 

And be it enacted, That the clerk of the Circuit-Court of the county in whidi grounds applied for 
as above are located, shall enter the above application in a book kept for the purpose, and he shall imme- 
diately cause an accurate survey of the said grounds to be made, at the expense of the party applying for 
the same, and if said grounds are not already appropriated, and if the appropriation of them will not 
injure, obstruct or impede the free navigation of said waters, he shall, after said applicant has paid him 
the costs of surveying and one dollar for each acre, issue to said applicant a permit, in the manner and 
form following, to wit : 

Whereas, , a citizen of Maryland, has made application for a permit to cultivate oysters upon 

the grounds hereinafter described, under the provisions of section of an act entitled " An act to encour- 
age the cultivation of oysters," passed by the General Assembly of the State of Maryland, A. D., 188.... ; 
and whereas, said has complied with all the conditions of said act; now, therefore. 

Know all men by these presents, that the State of Maryland, acting by and through the clerk of the 

Circuit Court of county, in consideration of the premises, and especially in consideration of the 

sum of one dollar for each acre, duly received from said applicant, hath granted, and by these presents 

doth grant unto said , and to his legal representatives forever, the right to cultivate oysters in the 

acres of ground bounded and described as follows; that is to say ; to have and to hold the 

same unto the said grantee and his legal representatives forever: provided always, that such grounds 
have not hitherto been appropriated under the laws of Maryland, and provided that the appropriation 
of them shall not injure, impede or obstruct navigation, and provided tliat the said grantee shall at once 
cause said grounds to be plainly marked by stakes, buoys, bushes or ranges, which marks shall be continued 
by said grantee and his assigns, and provided that the name or the initials of the owner of said grounds 
shall be plainly staniped in letters at least one inch long upon a tag of sheet zinc attached to a stake at 
each corner of said ground, and visible at high water, and provided that the State of Maryland reserves 
the right to tax said ground and its contents, and provided also that this grant is accepted by the said 
grantee subject to all the provisions of the said act of Assembly. 

In witness whereof, I, , clerk of the Circuit Court of county, in the State of Maryland, 

have hereunto set my hand and affixed my official seal on this day of , 188. .. 

, Cleric, dec. 



And he it enacted, That witliin one year from the passage of this act all grounds appropriated under 
the act of 1880, chapter 198, shall be surveyed and marked as prescribed in the foregoing sections hy 
the claimant thereof, and a license issued to him as therein also prescribed, except that he shall not be 
required to pay the consideration of one dollar per acre; and in default of such survey and marking the 
said grounds shall be opened to appropriation by any other applicant. 

And 1)6. it enacted, That grounds held for the cultivation of oysters under this act may be attached 
or taken in execution in the same manner as real estate ; and any holder of such grounds may assign his 
interest in them to any citizen of Maryland ; provided that no person shall hold rnore than five acres at 



167 

one time under the provisions of section ... of this act, unless he shall inherit them or lawfully acquire 
them as herein provided ; and provided that all assignments shall be acknowledged before a justice of the 
peace and recorded in the office of the clerk of the Circuit Court, in the county from which such license 
was issued, within thirty days after such acknowledgment, for which recording the said clerk shall be 
entitled to be paid as for recording a bill of sale of chattels. 

Arid he it enacted. That the clerk of the Circuit Court of each county in which grauuds maybe thus 
located and appropriated for the cultivation of oysters, shall keep a book in which he shall record all 
applications for such grounds, together with the designation and description of such ground, and the 
license issued therefor, and all assignments of 'such grounds, a certified copy of the entries in which book 
shall be received in evidence in any controversy touching said ground. 

And he it enacted, That as soon as may be after the passage of this act, and of any proceedings to 
appropriate ground under it, the clerk of the Circuit Court of each county in which sirch proceedings may 
be had shall cause to be made a map of such applications as shall be granted, and shall keep the same on 
file in his office for the inspection of any one interested therein ; and such map shall be added to from 
time to time as appropriations are made. 

And he it enacted. That the clerk of the Circuit Court of each county in which grounds shall be 
appropriated, under the provisions of this act, for the cultivation of oysters, shall make a monthly report 
to the State Oyster Commissioners of all grounds thus appropriated, together with the location and 
boundaries of such grounds. 

And he it enacted. That the State Oyster Commissioners shall record, in a book kept for the purpose 
at their office, the location and boundaries of all grounds appropriated under this act for the cultivation 
of oysters; and that they shall also keep upon file at their office maps showing the location and bounda- 
ries of all such grounds; and that they shall provide the commander of each boat of the State Fishery 
Force with a similar map of all grounds thus appropriated in his district, and adjacent thereto; and that 
they shall require tlie commander of each boat »f the State Fishery Force to examine each month the 
map of oyster grounds at the office of the clerk of the Circuit Court of each county which borders upon 
his district, and to copy from it into his own maps all grounds not already copied. 

And he it enacted, That the lawful holder of any oyster ground designated under the provisions of 
tliis act shall own all oysters upon said ground, and shall be allowed to gather them, either in person 
or otherwise, at such times and in such manner as he may chose, at all times except on Sunday or between 
sunrise and sunset. 

And he it enacted. That all disputes regarding the boundaries or ownership of grounds held under 
the provisions of this act, for the cultivation of oysters, shall be decided under the laws of Maryland, in 
the same manner as if said grounds were real estate. 

And he it enacted. That nothing in this act shall be construed to deny the right of the State of 
Maryland to impose a tax upon oysters. 

And he it enacted. That the bottom of the Chesapeake Bay and its tributaries within the State of 
Maryland shall be divided into areas, which shall be designated and known as the " Shore Oyster 
Fishery " and the " Deep-water Fishery," respectively. The Shore Oyster Fishery shall include and 
consist of all bottoms which are covered with water at mean low-water, and which lie within or on the 
landward side of the boundary line hereinafter described, and the Deep-Water Fishery shall include and 
consist of all bottoms on the deep water or bay side of the same line, to wit : 

Commencing at the State line at Watkins' point, and situated in or about lat. 37° 54' 38" N., and long. 
1° 52' 50" W. of the meridian of the City Hall of the city of New York ; thence following the shore 
line to the south point of Little Annamessex river in about lat. 37° 57' 30" N., long. 1° 53' 20" W. ; 
thence N. W. for about three-quarter nautical miles to a point west of Old House cove in lat. 37° 58' 16" 
N., long. 1° 53' 35" W. ; thence following shore line to Flat Cap point in lat. 38° 2' 3" N.,long. 1° 52' 5" 
W. ; thence N. h W. about 2^ nautical miles to Hazzard's point in lat 38° i' 10" N., long. 1° 52' 40" W. ; 



168 

thence N. W. about four nautical miles to the south point of Little island in lat. 38° 6' 45" K"., long. 1° 
56' 35" W. ; thence to south point of Deal's island ; thence following the shore line across Law's thorough- 
fare to Haines' point, lat. 38° 10' 30" N., long. ]° 50' 55" W. ; thence N. bj W. about 3J nautical miles 
to Clay island light in lat. 38° 13' 55" N., long. 1° 58' 10" W. ; thence S. by W. about 25 nautical miles 
to Bishop's head in lat. JS" V2' 45" N., long. 2° 1' 35" W. ; thence N. by W. about H nautical miles to 
Hooper's strait light in lat. 38° 13' 30" N., long. ^° 3' 50" W. ; thence W. by N. about 3f nautical miles 
cross mouth of Honga river to south point of Hooper's island in latitude 38° 13' 45" N., long. 2° &' YV^. ; 
thence following shore line to Richland's point, lat 38° 14' 22" ]Sr.,]ong 2° 10' W. ; thence N. W. to south 
point of Barren island, lat. 38° 18' 40" N., long. 2° 14' 45" 'W. ; thence following shore line across mouth 
of Slaughter's creek to the south point of creek south of Taylor's island in lat. 38° 35' 25" N., long. 2° 
17' 35" W. ; thence to James' point, lat. 38° 31' 50" N., long. 2° 20' 45" W.; thence N. E. about 2J miles 
across mouth of Little Choptank river to Hill's point, lat. 38° 33' 40" N., long. 2° 18' 30" W. ; thence 
following shore line to Castlehaven point, lat. 38° 37' 40" N.. long. 2° 9' 35" W. ; thence N. by E. for 
about II of one nautical mile across the Choptank river to Chlora's point, lat. 38° 38' 10" N., long. 2° 
8' 35" W. ; thence N. W. about two and one-eighth nautical miles across the mouth of Treadhaveu 
creek to Benoni's point, lat 38° 40' 10" N., long. 2° 11' 15" W. ; thence W. J N. about five and two-thirds 
nautical miles across the mouths of Harris' creek, Broad creek and Irish creek to Blackwalnut point, 
lat. 38° 40' 35" N., long. 2° 19' W. ; thence S. W. about one and one-sixth nautical miles across the mouth 
of Blackwalnut creek to the south point of Tilghman's island, lat. 38° 39' 50" N., long. 2° 20' W. ; thence 
northwards along the west shore of Tilghman's island across the mouth of Faw-Paw cove to the north 
point of the mouth of Paw-Paw cove in lat. 38° 42' N., long. 2° 20' 40" W. ; thence following the coast 
line across the mouth of Knapp's narrows to Love point in lat. 38° 46' 35" N"., long. 2° 19' 45" W.; 
thence following the shore line to Tilghman's point, lat. 38° 51' 49" N., long. 2° 14' 42" W. ; thence 
north about two and one-eighth nautical miles across Eastern bay to the south point of Parson's 
island in lat. 38° 59' N., long. 2° 14' 50" W. ; thence S. .W. by W. about five and thi-ee- fourths nautical 
miles across the mouths of Shipping creek. Cox's creek and Crab Alley creek to Kent point, lat. 3?° 50' 
N., long. 2° 21' 50" W. ; thence northward along the western shore of Kent island to south point of the 
mouth of Broad creek in lat. 38° 58' 25" 'N., long. 2° 21' W. ; thence north along the western shore of 
Kent island to Love point in lat. 39° 2' 10" N., long. 2° 17' 50" W. ; thence following shore line along 
the north shore of Kent island and the south shore of Chester river to Carpenter's island in lat. 39° 1' 10" 
N., long. 2° 10' W. ; thence S. W. by W. J W. for about 1 J nautical miles across Chester river to Hail 
point, lat. 39° 35" N., long. 2° 11' 20" W. ; thence along the western shore of Eastern Neck island, and 
Eastern neck to Wilson's point; thence following the shore line of Eastern Neck island, and Eastern neck 
to Wilson's point ; thence following the shore line of Eastern neck to Huntingfield point, lat. 39° 7' 10" 
N., long. 2° 13' 40" W. ; thence N. W. J W. about one and one-sixth nautical miles across the months of 
Huntingfield creek, Rockhall creek and Swan creek to Swan point, lat 3J° 11' 40" N., long. 2° 16' 25" 
W. ; thence following shore line to Mitchell's bluff, lat. 39° 13' -M" N., long. 2° 24' 5" W. ; thence follow- 
ing shore line to west point of mouth of Barley's creek, lat. 39° 16' 4", long. 2° 12' 15" W. ; thence N.W. 
by N. about three nautical mUes across mouths of Earley's creek and Wharton creek to Wharton point, 
lat. 39° 18' 55" N., long. 2° IC 50" W. ; thence N. W. about 2i nautical miles across the Susquehanna 
river to east point of mouth of Bush river, lat 39° 20' 45" N., long. 2° 13' 17" W. ; thence S. W. about 
li nautical miles across mouth of Bush river to Lego's point, lat. 39° 20' N., long. 2° 14' 45" W.; thence 
following shore line to Eobin's point, lat 39° 17' 50" N., long. 2° 16' 23" W. ; thence S. by W. about four 
nautical miles across the mouths of Gunpowder river, Seneca creek, Middle river. Back river and Hawk 
cove to north point of Miller's island, lat. 39° 25' 50" N., long. ° 20' 50" W. ; thence following shore 
line to rear light of Craighill channel, lat. 39° 13' 40" N., long. 2° 3' 15" W., and from rear light of 
Craighill channel in lat. 39° 13' 4u" N., long 2° 23' 15" W. ; along coast line to upper tower of North 
point in lat. 39° 11' 46" N., long. 2° 26' 36" W. ; thence S. E. by S. about two and one-fo.urth nautical 



169 

miles to Rock point, lat. 39° 9' 55" N"., long. 2° 2S'' 20" W. ; thence along coast line to Stony point, oh 
Gibson's island, in lat. 39° 3' 30" N., long. 2° 25' 30" W. ; thence about one and one-half nautical miles 
across the mouth of Magothy river to Persimmon point, on the east of the mouth of Deep creek, in lat. 
39° 3' 10" ]Sr.,long. 2° 26' W. ; thence along coast line to Hackett's point in lat. 38° 59' N., long. 2° 25' 10" 
W. ; thence S. by W, i W. abont four and three-fourths nautical miles across the mouths of Severn river, 
Mill creek and Whitehall creek to Thomas' point in lat. 38° 54' 25" K, long. 2° 26' 50" W. ; thence S. by 
E. i E. about two and one-sixth nautical miles across the mouth of South river to Saunder's paint, lat. 
38° 53', long. 2° 28' 55" W. ; thence south about two and three-fourths nautical miles across the mouths 
of West river and Rhode river to Horseshoe point, lat 38° 50' 20" N., long. 2° 28' 50" AV. ; thence W. by 
S. about one and seven-twelfths nautical miles to Franklin point ; thence S. W. by W. about three 
and one-half nautical miles to the south point of Parker's island, at the north of the month of Herring 
bay, in lat. 3S° 46' 10" N., long. 2° 32' W. ; thence S. W. about two and one-half nautical miles across the 
mouth of Herring bay to Holland point in lat. 38° 43' 45" N., long. 2° 31' 10" W. ; thence following coast 
line to Parker's creek in lat. 38° 32' 6" N., long. ii° 30' 45" W. ; thence following shore line to Cove point 
light, lat. 38° 23' 7", long. 2° 22' 36" W. ; thence following shore line to Drum point, lat. 3S° 18' 58" N., 
long. 2° 25' W. ; thence due south one nautical mile across the mouth of the Patuxent river to a point 
dne S. of Drum point; thence following shore line across mouths of Harper's creek. Parson's creek 
and St. Jerome's creek to Point Lookout, lat. 38° 2' 16" N., long. 2° 19' W. ; thence S. W. about ten 
nautical miles to Smith's point, on the boundary line between Maryland and Virginia; provided that the 
bottoms of all creeks, bays and inlets, which are not mentioned in this section, and are not more than one 
mile wide at their mouths, shall be included in the Shore Oyster Fishery ; and provided also, that the 
Deep-Water Oyster Fishery shall end at the line where any creek, bay or inlet, not otherwise mentioned 
in this section, ceases to be more than one mile wide. 

And be it enacted, That the State of Maryland shall exercise exclusive jurisdiction over all oyster 
fisheries which now exist or which shall at any time exist in that area which is hereinbefore described as 
the Deep- Water Oyster Fishery. 

And be it enacted, That the Deep- Water Oyster Fishery shall be divided into eleven districts, which 
shall be numbered in succession from the north to the south, and which shall be bounded by the lines here- 
in described, to wit : 

District Ho. 1. — This district shall be known as "District No. 1," and shall include all waters with- 
in the exclusive jurisdiction of the State to the northward and eastward of a line drawn from the rear 
light of Craighill channel, lat. 39° 13' 40" N., long. 2° 23' 15" W., about seven and one-eighth nautical 
miles east to Mitchell's bluff, lat. 39° 13' 20" N., long. 2° 24' 5" W. 

District Xo. 2 — This district, which shall be known as "District No. 2," shall include all waters 
within the exclusive jurisdiction of .the State between the following boundaries : On the north, a line from 
the rear light of Craighill channel, lat. 39° 13' 40" N., long. 2° 23' 15" W., about seven and one-eighth 
nautical miles east to Mitchell's bluff, lat. 30° 13' 20" N., long. 2° 24' 5" W. ; on the east by the shore line 
from Mitchell's bluff to Swan point, lat. 39° 11' 40" N., long. 2° 16' 25" W. ; on the south and west by a 
line from Swan point northwest about seven and five-twelfths nautical miles to the rear light of Craighill 
channel, lat. 39° 13' 40" N. long., 2° 23' 15" W. 

District No. 3. — This district, which shall be known as " District No. 3," shall include all waters 
within the exclusive jurisdiction of the State between the following boundaries : On the northeast a line 
from the rear light of Craighill channel, lat. 39° 13' 40" N., long. 2° 23' 15" W. ; southeast for about 
seven and five-twelfths nautical miles to Swan point, lat. 39° 11' 4" N , long. 2° 16' 25" W. ; on the east 
by a line from Swan point, southeast h east, about one and five-sixths nautical miles across the mouths of 
Swan creek, Roekhall creek and Huntingfield creek to Huntingfield point, lat. 39° 7' 10" N., long. 2° 13' 
40" W. ; thence following coast line of Eastern neck to Wilson's point, thence along the west side of 
Eastern neck and Eastern neck island to Hail point, lat. 39° 35' N., long. 2° 11' 20" W. ; thence N. E. 



170 

by E., i E. for about one and one-eighth nautical miles across Chester river to Carpenter's island, lat. 39° 1' 
10" N., long. 2° 10' W. ; on the south by the shore line of the south shore of Chester river and the north 
shore of Kent island to Love point, lat. 39° 2' 10" N., long. 2° 17' 50" W. ; thence along the west shore 
of Kent island to the south point of the mouth of Broad creek, lat. 38° 58' 25" N., long. 2° 21' W. ; and 
from thence W. by N. about three and seven-eighth miles to Hackett's point, lat. 38° 59' N., long. 2° 25' 
10" W. ; on the west by a line from Hackett's point along coast line to Persimmon point, on the east of 
the mouth of Deep creek, lat. 39° 3' 10" N., long. 2° 26' W. ; thence about one-half a nautical mile across 
the mouth of Magothy river to Stony point on Gibson's island, lat. 39° 3' 30" N., long 2° 25' 3^" W. ; 
thence along the coast line to Rock point, lat. 39° 9' 55" N., long. ^° 28' 20" W. ; thence N. E. by N. 
about two and one-fourth nautical miles to upper tower of North point, lat. 39° 11' 45" N., long. 2° 26' 
40" W. ; thence along coast line to rear light of Craighill channel, lat. 39° 13' 40" N., long. 2° 23' 15" W. 

District JSfo. 4. — This district, which shall be known as " District No. 4," shall include all waters un- 
der the exclusive jurisdiction of the State, within the following lines: On the north by a line from 
Hackett's point, lat. 38° 59' N., long. 2° 25' 10" W., E. J S. about three and seven-eighths nautical miles to 
the south point of the mouth of Broad creek, on the west shore of Kent island, lat. 38° 58' 25" N., long. 
2° 20' W. ; on the east by the coast line of the western shore of Kent island, from Broad creek to a point 
on Kent island, in the range of Thomas' point and Thomas' point light, and in about lat. 38° 54' 10" N., 
Ion". 2° 21' 40" W. ; on the south by a line W. J N. about four and one-fourth nautical miles to Thomas' 
point, lat. 38° 54' 25" N., long. 2° 26' 50" W. ; on the west by a line N. by E. i E., about four and three- 
fourths nautical miles across the mouths of Whitehall creek. Mill creek and Severn river to Hackett's 
point, lat. 38° 59' N., long. 2° 25' 10" W. 

.District No. 5. — This district, which shall be known as " District No. 5," shall include all the waters 
under the exclusive ixirisdiction of the State, within the following boundaries : On the north by a line 
from Thomas' Point, E. J S. about four and one-fourth nautical miles to a point on the west shore of 
Kent island, in range of Thomas' point and Thomas' point light, and in about lat. 38° 54' 10" N., and long. 
2° 21' 40" W. ; on the east by the shore line of the west shore of Kent island to Kent point, lat. 38° 50' 
N. lono-. 2° 21' 50" W., thence N. E. by E., for about five and three-fourths nautical miles across the 
mouths of Shipping creek, Coxe's creek and Crab Alley creek, to the south point of Parson's island, lat. 
38° 59' N., long. 2° 14' 50" W., thence south about two and one-eighth nautical miles across Eastern bay 
to Tilghman's point, thence along the shore line to Low point, lat. 38° 43' 35" N., long. 2° 19' 45" W. ; on 
the south by a line from Low point west by north about one and one-fourth nautical miles to the north 
point of Poplar Island, lat. 38° 40' 45" N., long. 2° 22' W. ; thence W. h S. about seven and five-eighths 
miles to Parker's island, at the north of the mouth of Herring bay, in lat. 38° 46' 10" N., long. 2° 32' 
"W. ; on the west by a line from the south point of Parker's island N. E. by E. about three and one-half 
nautical miles to Franklin point, thence E. by N. about one and sesen-twelfths nautical miles to Horse- 
shoe point, lat. 38° 50' 20" N., long. 2° 28' 50" W., thence north about two and three-fourths nautical 
miles across the mouths of Ehode river and West river to Saunder's point, lat. 38° 53' N., long. 2° 28' 55" W., 
thence N. E. i E. about two and one-sixth nautical miles across the mouth of South river to Thomas' point. 

District No. 6. — This district, which shall be known as " District No. 6," shall include all waters 
under the exclusive jurisdiction of the State, within the following boundaries: On the north a line from 
the south point of Parker's island, E. \ N. for about seven and five-eighths nautical miles to the north 
point of Poplar island, lat. 38° 46' 45" N., long. 2° 22' W.; thence E. by S. about one and one-fourth 
nautical miles to Low point, lat. 38° 46' 35" N., long. 2° 19' 45" W. ; on the East by coast line across 
the west mouth of Knapp's Narrows to the north point of Paw Paw cove on the west shore of Tilgh- 
man's island, in lat. 38° 42' N., long. 2° 20' 40" W. ; on the South by a line from the north point of the 
mouth of Paw Paw cove N. by W., about 8J nautical miles from Holland point, lat. 38° 43' 45" N., long. 
2° 31' 10" W. ; on the west by a line from Holland point N. by W. about two and one-half nautical 
miles across the mouth of Herring bay to the south point of Parker's island, lat. 38° 46' 10" N., long. 
2° 32' W. 



171 

District No. 7. — This district, which shall be known as " District No. 7," shall include all waters within 
the exclusive jurisdiction of the State within the following boundaries: On tlie north a line from Holland 
point S. by E. about eight and one-third nautical miles to the north point of Paw Paw cove, on the west 
shore of Tilghman's island, in lat. 38° 42' N., long. 2° 20' 40" W. ; thence southward along the west 
shore of Tilghman's island, across the mouth of Paw Paw cove to the south point of Tilghman's island, 
lat. 38° 49' 50" N., long. 2° 20" W. ; thence N. E. about one and one-sixth nautical miles across the mouth 
of Blackwalnut cove to Blackwalnut point, lat. 38° 40' 35" N., long. 2° 19' W. ; thence E. i S. about five 
and two-third nautical miles across the mouths of Harris creek, Broad creek and Irisli creek to Benoni's 
point, lat 38° 40' 10" N., long. 2° 11' 15" W. ; thence S. E. about two and one-eighth nautical miles 
across the mouth of Tread haven creek to Chlora's point, lat. 38° 38' 10" N"., long. 2° 8' 35" 
W. ; on the south and east by a line from Chlora's point S. by W. about eleven-twelfths of one nautical 
mile across the Cho])tank River to Castlehaven point, lat. 38° 37' 30" N., long. 2° 9' 35" W. ; thence 
following the shore line to Hill's point, lat. 38° 33' 40" K, long 2° IS' 30" "W. ; thence S. W. about two 
nautical miles across the Little Choptank river to James' Point, lat. 38° 31' 50" N., long. 2° 20' 45" W. ; 
on the south by a line west from James' point about seven and three-fourths miles to Parker's creek, lat. 
38° 32' 62" N., long. 2° 30' 45" W. ; on the west by the coast line from Parker's creek to Holland point, 
lat. 38° 43' 45" K, long. 2° 31' 10" W. 

District No. 8. — This district, which shall be known as " District No. 8," shall include all waters 
\inder the exclusive jurisdiction of the State within the following boundaries : On the north a line from 
Parker's creek, lat. 38° 32' 6" N., long- 2° 30' 45" E., about seven and three-fourths nautical miles to 
James' point, lat. 38° 31' 50" N., long. 2° 20' -45" W. ; on the east by the shore line from James' point to 
the south point of the mouth of a creek at the south end of Taylor's island in about lat. 38° 35' 25" N., 
long. 2° 19' 35" W. ; on the south by a line from this point S. "W. by W. about 4i nautical miles to Cove 
Point light, lat. 38° 23' 6" N., long. 2° 22' 33" W. ; on the west by the shore line from Cove Point light 
to Parker's creek, lat. 38° 32' 6" N., long. 2° 30' 45'' W. 

District No. 9. — This district, which shall be known as " District No. 9," shall include all waters 
within the exclusive jurisdiction of the State within the following boundaries : On the north by a line 
northwest about 4i nautical miles to the mouth of a creek on the west shore on Taylor's Island, lat. 38° 
3a' 25" N., long. 2° 17' 35" W. ; thence along the shore line and chain of islands to south point of Bar- 
ren island, lat. 38° 18' 40" N., long. 2° 14' 45" W. ; thence southeast across mouth of Tar bay and along 
west coast of Hooper's island to Richland point, lat. 38° 14' 22" N., long. Si° 10' W. ; thence across Rich- 
land cove and mouth of Honga river to Hooper's strait light, lat. 38° 13' 30" N., long. 2° 3' 50" W. ; 
on the south by a line southwest and west abo'.it 13 nautical miles to Point No Point, in lat. 38° *' 20" 
N., long. 2° 18' 55" W. ; on the west by shore line from Point No Point to a point on the south shore of 
the Patuxent river due south of Drum point; from thence north about one nautical mile across the 
Patuxent river to Drum point; thence following shore line to Cove point light. 

District No. 10. — This district, which shall be designated and known as " District No. 10," shall in- 
clnde and consist of all waters within the exclusive jurisdiction of the State within the following boun- 
daries, to wit : On the north a line from Point No Point, in lat. 38° 8' 20" N., long. 2° 18' 55" AV. ; N. E. 
by E. about twelve and seven-eighths miles to Hooper's strait light, in lat. 38° 12' 57" N., long. 2° 4' 48" 
W. ; thence E. by S. about one and seven-eighths nautical miles to Bishop's head, in lat. 38° 12' 45" N., 
long. 2° 1' 35" W. ; thence N. E. by E, about two and seven-eighths nautical miles across mouth of Fishing 
baj' to Clay island light; thence south by east about two and one-third nautical miles across mouths of 
Nanticoke river and Monie bay to Haines' point; thence south across mouth of Law's thoi'oughfare and 
along west shore of Deil's island and across the mouth Lower Thoroughfare to S. W. point of Little island, 
in lat. 38° 6' 45" N., long. 1° 56' 35" W. ; thence S. W. about five nautical miles to Solomon's lump light, 
lat. 35° 2' 49" N., long. 2° 0' 32" W. ; thence W. by S. about fourteen and one-half nautical miles to 
Point Lookout, in lat. 38° 2' 26" N., long, 2° 19' 1'/ W. ; thence along shore line to Point No Point, in 
lat, 38" 8' 20" N., long. 2° 18' 55" W. 



172 

District No. 11. — This district, which shall be designated and known as " District No. 11," shall in- 
clude and consist of all waters under the exclusive jurisdiction of the State within the following boun- 
daries, to wit : On the north a line from Point Lookout, in lat. 38° 2' 16" IST., long. 2° 19' 1" W. ; E. by 
N. about fourteen and one-half nautical miles to Solomon's lump light, in lat. 38° i.' 49", long. 2° 0' 32" ; 
from Solomon's lump light N. E. about five nautical miles to southwest point of Little island, in lat. 38° 
6' 45" N., long. 1° 56' 35" W. ; thence S. E. about five nautical miles to Hazzard's point, lat. 38° 4' 10", 
long. 1° 52' 40" W. ; thence S. h E. about two and one-fourth nautical miles to Flat Cap point, in lat. 38° 
2' 3" N., long 1° 52' 5" W. ; thence following shore line to a point west of Old House cove, in lat. 37° 58' 
20", long. 1° 62' 40" ; thence S. E. for about 5 nautical miles across the mouth of the Little Annauiessex 
river to the south point of its mouth, in lat. 37° 57' 30", long. 1° 52' 30" ; thence following shore line to 
Watkins' point, in lat. 37° 54' 38" N., long. 1° 52' 50" W. ; on the south by the boundary between Mary- 
land and Virginia, westward from Watkins' point for about 17 nautical miles to Smith's point, at the 
mouth of Little Wicomico river, in Virginia, in lat. 37° 53' 8" N., long. 2° 13' 45" W. ; on the west by 
a line N. W. by N. about ten and one-half nautical miles from said point on State line to Point Lookout, 
in lat. 38° 2' 16" N., long. 2 19' 1" W. 

And he it enacted, That the commander of the State Oyster Navy shall erect at all points where, 
in the judgment of the State Oyster Commissioner such marks are necessary, permanent signals or beacons 
or buoys to mark the boundary of the adjacent districts, and to be used as landmarks in designating oyster 
grounds according to the provisions of this act. 

And he it enacted. That the districts of the Deep-Water Oyster Fishery herein named, to wit : District 
No. 2, district No. 4, district No. 6, district No. 8 and district No. 10 shall be closed to the public, 
and no date at which they shall be opened shall be fixed at this time, and the said districts shall be desig- 
nated and known as the " Closed Waters of the Deep-Water Oyster Fishery." They shall be left to 
recuperate as well as to serve as a source of spat for the adjacent districts, and no person or persons shall 
be allowed to take oysters from the said districts in any manner ; provided that nothing in this act shall 
be construed to prevent any person who holds any ground for the cultivation of oysters under the pro- 
visions of this act, herein stated, from taking oysters in such manner as said person may elect, at any time 
between sunrise and sunset, except on Sundays. 

And he it enacted. That the oyster commissioners shall, each year, make careful and thorough 
examinations of all the oyster beds known to them in the said districts, to wit: "District No. 2," district 
No. 4," " district No. 6," district No. 8," district No. 10," and they shall make an annual report to the 
General Assembly, detailing the results of such examination, and whenever, in their judgment, these dis- 
tricts, or any of them, are suflicicntly restored, they shall recommend to the General Assembly that they 
be opened to the public for the taking of oysters, and they shall also designate another district or portion 
of a district, of equivalent or nearly equivalent area, and shall recommend that it be closed. 

And he it enacted, That the district herein described as district No. 4 shall be set apart as a State 
oyster farm, and the oycter commissioners shall cause the bottom of said area to be shelled, and the}' shall 
employ all means known to them for speedily and thoroughly restoring the oyster beds of said area to a 
prosperous condition. 

And he it enacted. That whenever application shall be made in the manner and form hereinafter 
described by any person who has resided in the State for not less than one year next preceding the date 
of such application to the State oyster commissioners, for the right to cultivate oysters upon designated 

and unoccupied portions of district No. 6 , the said commissioners shall direct the commander of 

the State Fishery Force to survej'the area thus applied for and to locate and delineate it upon a map of 
district No. 6, which shall be deposited in the office of the oyster commission. 

The application to the oyster commissioners shall be in the following form : 



ITS 

AppUcallon for a Grant to the Oyster Commissioners of the State of Slaryland. 

The application of , a resident of the town (or county) of , in the State of Mary- 
land, respectfully shows : that he has resided in said State more than one year next preceding the date 
of this application; that the grounds, hereinafter described, are undesignated grounds; that he wishes 
and intends to use said grounds for cultivating oysters. He, therefore, respectfully request that the 

said commissioners, pursuant to , will grant to him, in the name and behalf of the State 

of Maryland, a perpetual franchise for cultivating oysters in acres of grounds, located under the 

waters of Maryland, within the limits of District No. 6, which grounds are more particularly bounded 
and descrided as follows, to wit : 

Dated at , Maryland, this day of , A. D. 188... 

, applicant. 

And be it enacted, That as soon as said map has been prepared by the State Fishery Force, and is 
deposited in the office of the State Oj'ster Commission, the said Oyster Commissioners shall publish 
the following notice in three daily papers published in the State: 

Notice is hereby given, that whereas , a resident of the , in the State of Maryland, 

has filed an application with the Oyster Commissioners of the State of Maryland, requesting said 
commissioners to grant to him, in the name and behalf of the State of Maryland, a perpetual fran- 
chise for cultivating oysters in acres of ground, located in District No. 6, in the State of Mary- 
land, and particularly bounded and described as follows, to wit: 

Therefore the said Commissioners do hereby give notice that they will sell the perpetual right to 
cultivate oysters upon the above prescribed tract to the highest bidder, who shall be a citizen of 

Maryland, at public auction, at , thirty days (or thirty-oue) from this date. The Oyster 

Commissioners, in behalf of the State, reserve the right to reject all bids. 

Dated at , this day of , A. D. 188 

Signed, 



Oyster Commissioners of the State of Maryland. 

And upon the day named in said notice, they shall sell the right to cultivate oysters upon the 
area named in said notice, at public auction, at the place named in said notice, provided that they 
shall have the right to reject all bids. 

And be it enacted, That the highest bidder at said public sale shall, if he has been a resident of the 
State for at least one year next preceding, receive from the Oyster Commissioners, upon payment of 
the purchase money, a written lease, in the manner and form hereinafter stated, which shall convey to 
him and his heirs and assigns forever the right to cultivate oysters upon the area described in said 
lease, and to gather them at such times and in such manner as he shall desire, and which shall entitle 
said purchaser to protection, by the officers of the State, in the enjoyment of all the rights conveyed 
by said lease, provided that nothing in this act shall be construed to permit the taking of oysters on 
Sunday or in the night season; and provided that the oyster commissioners, in behalf of the State, 
reserve the right to reject all bids; and provided the State reserves the right to tax all oysters which 
may be upon the area designated in said lease, which lease shall be in the manner and form following, 
to wit: 



174 

Grant of Oyster Franrhisc. 

Whereas, , resident of the State of Maryland, has purchased at public auction, from the 

Oyster Commissioners of the State of Maryland, the perpetual right to cultivate oysters upon the 
grounds hereinafter described; and whereas said grounds have been surveyed and mapped, and have 

been advertised for sale in ^.. papers of the date of the day of , A. D. 188 ; 

and whereas the sum of has been paid by the said to the said Oyster Commis- 
sioners for the benefit of the State of Maryland : 

Now, therefore, know all men by these presents, that the State of Mar3'land, acting by and 
through the Oyster Commissioners, in consideration of the premises, and especially for the sum of 

, duly received from said , hath given and granted, and by these presents doth 

give and grant unto the said and to legal representatives forever a perpetual fran- 
chise for the cultivation of oysters, and for the gathering of the said oysters in such manner and at 

such time as shall choose, either in person or otlierwise, in the acres of ground 

bounded as follows, that is to say: To have and to hold the same unto 

the said grantee and legal representatives, to the only use of the said grantee and legal 

representatives forever. 

Provided, that this grant shall not interfere with any established right of fishing, and shall not 
obstruct navigation; and provided that said grantee shall at once cause the said grounds to be 
plainly mai'ked by stakes, buoys, ranges or monuments, which landsmarks shall be continued by said 

grantee and legal representatives; and provided that the State reserves the right to tax the 

oysters which may be cultivated or obtained upon the area above described; and provided further 
that this grant is accepted by said grantee subject to all the aforesaid provisions. 

In witness whereof, the Oyster Comraisiouers in behalf of the State of Maryland, by virtue of 

the authorit}' vested in them by have hereto set their hands and seals this. .....day 

of. A. D. 188 . 

Signed, sealed, and delivered in jireseuee ot 

[i^-s.] 

[i^-s.] 

[i^-s-] 

Md , A. D. 188 . 

Personally appeared Oyster Commissioners of the State of Maryland, signers and 

sealers of the foregoing instrument, and severally acknowledged the same to be their free act and 
deed in behalf of the State of Maryland, and in their own behalf, before me. 

Signature , 

Upon receipt of said instrument of conveyance, said grantee shall at once cause the grounds 
therein conveyed to be plainly marked out by stakes, bushes, buoys, ranges, or monuments, and he 
shall, at once, place at the northeast corner of said area a tag bearing plainly marked upon it his 
name or initials and the letters N. E., and at the northwest corner a similar tag with his name or 
initials and the letters N. W., and at the southwest corner a similar tag with his name or initials and 
the letters S. W., and at the southeast corner a similar tag with his name or initials and the letters S. 
E., which tags shall be so secured that they shall be above liigh-water mark; and said grantee and his 
legal representatives shall continue said stakes, bushes, buoys, ranges and marks. 

If any area conveyed to a resident of Maryland for the cultivation of oysters, as herein provided, 

shall remain without the landmarks and other marks prescribed in sec , for one year after notice of 

the absence of said marks has been given by the State to the owner of said franchise or Iiis legal rep- 
resentative, as the same shall appear on the books of the State Oyster Commission, said area shall 



175 

revert to the State of Maryland, and said lease shall become of iiu value; and nothing in this act 
shall be construed to give to the holders of land for the cultivation .of oysters, the right to cultivate or 
take oysters upon said land unless the landmarks and other marks prescribed by this act are in place 
at the time said oysters are planted or taken. 

Any franchise for the cultivation of oysters granted according to the provisions of this act may 
be assigned to any resident of the State of Maryland by a written assignment in manner and form 
following : 

Assignment of Oyster Franchise. 

Know all men by these presents, that , of the and State of Maryland, in 

consideration of the sum of dollars received to full satisfaction has sold, assigned 

and conveyed, and by these presents does sell, assign and convey to , of the and the 

State of Maryland, all such right, title and interest as has or ought to have in and to the perpetual 

franchise for cultivating oysters in the following described grounds, to wit: , being the 

same franchise heretofore granted to , of the and the State of Maryland, by 

the Oyster Commissioners of Maryland, by grant, dated the day of , A. D. 188 , and 

recorded in the office of the Oyster Commissioners at in the office of the State Oyster Com- 
mission, at , in book , page ..., to have and to hold the same unto the said assignee and his 

legal representatives forever, subject, nevertheless, to all the conditions, reservations, stipulations and 
provisions in the said grant contained. 

In witness whereof, have hereto set our hand and seal this day of 

A. D. 188 . 

Signed, sealed and delivered in presence of 



[L. S.] 
[L. S.] 
[L. S.] 



, Md., , A. D. 188 . 

Personally appeared , signer and sealer of the foregoing instrument, and acknowledged 

the same to be free act and deed, before me. 



Received for record , 188 , at ... o'clock ... M. 

And be it enacted, That all applications, designations, assignments, and all papers and maps per- 
taining to any allotment, designation or assignment of oyster grounds within the deep-water oyster 
fishery shall be recorded in the office of the Oyster Commission. 

And he it enacted, That the same fees shall be paid for recording or copying pajaers and maps in 
the office of the Oyster Commission as are charged by the County Clerks for like services; and all 
fees so paid shall be accounted for and paid to the Treasurer of the State for the benefit of the State. 

And be it enacted, That leasehold interests in oyster beds, granted according to the provisions of 
this act, may be attached in the same manner as real estate, and executions may be levied on them in 
the same manner as upon real estate. 

Whenever the right to cultivate oysters in any part of "District No. 6" shall be sold according 
to the provisions of this act, the Oyster Commissioners shall at once give written notice to the Clerks 
of the Circuit Court in the counties bordering upon said district that said right has been sold, and 
that no application shall thereafter be received by said clerks for permits to cultivate oysters upon any 
part of said area under the provisions of this act. 

The districts of the Deep- Water Oyster Fishery, herein named, to wit, "District No. 1," "Dis- 
trict No. 3," "District No. 5," "District No. 7," "District No. 9," and "District No. 11," shall be 
known as the "open waters of the Deep-Water Oyster Fishery," and shall be open to all persons, who 



176 

have been residents of the State of Maryland for the year next preceding, for the catching of oysters 
under the provisions and restrictions hereinafter named. 

No person shall take or catch oysters within the open waters of the Deep-Water Oyster Fishery 
between the Ist day of April, 1884, and the 15th day October, 1884, or between the 1st day of April, 
1885, and the loth day of October, 1885, or during the time which shall be established as a closed 
season by the General Assembly at its session in 1886, or on Sunday, or in the night time, provided 
that nothing in this act shall be construed to prohibit any holder of ground appropriated for the cul- 
tivation of oysters under the provisions of this act, from taking oysters in the day time at any time 
except on Sunday. 

The Oyster Commissioners shall make annual examination of all the oyster beds known to them 
in the open waters of the deep-water oyster fishery, and they shall report to the General Assembly 
the results of this examination, and whenever any of the districts which are closed by the provisions 
of this act shall, in their judgment, be in proper condition to be opened, they shall select districts of 
equivalent or nearly equivalent area within the open waters, and shall recommend that they be 
closed in place of those which are opened. 

Whenever, in the judgment of the Oyster Commissioners, any oyster bed within the open waters 
is in imminent danger of exhaustion they may close such bed for such time as they may deem neces- 
sary, and the Commander of the Fishery Force shall at once cause four spar buoys to be placed at 
the four corners of the said oyster bed, said buoys to be two feet long and ten inches in diameter, 
painted in alternate red, black and white bands, four inches wide, and the buoy which is placed at the 
northeast corner shall have the letters N. E. painted in black, four inches high, on one of the white 
stripes, and the buoy which is placed at the northwest corner shall have the letters IS". W. painted in 
the same way, and that at the southwest corner the letters S. W., and that at the southeast corner the 
letters S. E. ; provided that no part of the open waters shall be closed within one year fi'om the pas- 
sage of this act, and provided that not more than one-half of any district shall be closed at any one 
time, and provided that no bed shall be closed for more than one year, except by an act of the General 



No boat propelled in part or entirely by steam shall be used in catching oysters within the deep- 
water oyster fishery, and no other boat shall be used in catching oysters with scoop, scrape, dredge or 
similar instrument, unless said boat shall have on board at the time said boat is so used in taking 
oysters a license which shall have been issued to said boat according to the provisions of this act ; pro- 
vided that nothing in this act shall be construed to prevent any holder of grounds appropriated for the 
cultivation of oysters, under the provisions of this act, from taking oysters upon said grounds in such 
manner as he shall choose. 

Any resident of the State of Maryland may make application, in writing, to the Comptroller of 
the Treasury for a license to use any boat or vessel in dredging for oysters within the open waters of 
the Deep Water Oyster Fishery, which application shall have attached to it a certificate from a clerk 
of the Circuit Court, or the clerk of the Court of Common Pleas of Baltimore City, or the Comptroller 
or his clerk, that said applicant has personally appeared before him and made oath that all the state- 
ments contained in said application are true, and said application shall be accompanied by a written 
certificate that the master of said boat has made oath, in the same manner, that he has been a resident of the 
State of Maryland for one year next preceding the date of said application; and if the boat for which a 
license is asked shall have been measured by the oyster commissioners, said application shall be accom- 
panied by their certificate of the enrollment and tonnage of said boat, shall state the name and class 
said of boat, and shall be in manner and form following, to wit: 

I, , a resident of the county of. , in the State of Maryland, do respectfully 

•how that I have been a resident of the State of Maryland for one year next preceding the date of thi» 



177 

application; that I am the owner of the of ; that there is no lien on said boat 

held by a non-resident of Maryland ; that the said boat is of. tonnage ; that the said boat is not held 

with an intention to violate the law. I therefore respectfully request that you will issue to me a 

license to use said in dredging for oysters within the open waters of the Deep Water Oyster 

Fishery, according to the provisions of an act entitled "An Act to Protect and Improve the Oyster 
Fisheries of the Chesapeake Bay and its Tributaries," passed by the General Assembly of Maryland 

on the 

, A. D., 188... Signed 

And be it enacted, That no license to dredge for oysters shall be issued to any boat, until said boat 
shall have received a certificate of tonnage, from the board of State Oyster Commissioners, and that the 
State Oyster Commissioners shall, upon application, and upon receipt of a fee of $10, measure the 

tonnage of any boat, according to the rules for the measurement of tonnage , and shall issue to 

the applicant a certificate of the tonnage of said boat. 

Upon receipt of an application in writing in the manner and form provided in section... of this 
act, together with the accompaning documents, and upon the receipt of three dollars per ton for every 
ton said boat may measure, the Comptroller of the Treasury shall issue to said applicant a license to 
use said boat in dredging for oysters within the open waters of the Deep Water Oyster Fishery, for 
one year from the day when said license is issued, which license shall be in manner and form follow- 
ing, to wit : 

Whereas , of the county of , in the State of Maryland, has made application to me for 

a license to use the of in taking oysters with dredges within the open waters of the Deep Water 

Oyster Fishery, and whereas said has complied with all the requirements of an act entitled "An 

Act to Protect and Improve the Oyster Fisheries of the Chesapeake Bay and its Tributaries," passed 

by the General Assembly on the. ..day of.. .188...; and whereas said has paid to me the sum of. 

for the benefit of the State of Maryland ; now, therefore. 

Know all men by these presents, that the State of Maryland, in consideration of the premises, 

and especially for the sum of. duly received from said does give unto the said the right to 

use said in taking oysters with dredges or similar instruments for one year from this date, 

within the districts described and designated as the open waters of the Deep Water Oyster Fishery in 
section... of the act hereinbefore mentioned; provided that said boat shall not be used for taking oysters 
on Sunday or in the night time, or between the first day of April and the fifteenth day of October, or 
in any waters except the waters hereinbefore designated, or on any beds reserved and buoyed by the 
State Fishery Force, in accordance with the provisions of section... of the act hereinbefore mentioned, 
or on any grounds appropriated, according to the provisions of said act, for the cultivation of oysters; 
and provided further that this license shall be on board said boat whenever she is used for taking 
oysters, and shall be exhibited whenever called for by any ofiicer of the State of Maryland ; and pro- 
vided said boat shall be designated by the number and shall exhibitthe numbers which are specified 

and described in section of the act hereinbefore mentioned. 

, Md., , A.'D., 188. 

Signed 

Comptroller of the Treasury. 

And he it enacted, That all licenses which shall be issued after the first day of April, 1885, shall 
contain in place of the words "between the first day of April and the fifteenth day of October" the 
words "during the closed season which shall be established by the General Assembly at the session of 
1886," or else the dates which shall be so established. 

And be it enacted, That it shall be lawftil for the .owner of any boat licensed to dredge for oysters 
according to the provisions of this act, whenever said owner shall sell and convey by bill of sale, for 



178 

a bona fine consideration, said boat unto any person who has been a resident of the State of Maryland 
for at least one year, to transfer the said license to said vendee with said boat, which license, when 
transferred, shall entitle said vendee to the same right to use said boat in catching oysters that the 
vendor or assignor had before said assignment; provided the said vendor or assignor shall appear 
before the Compti-oller of the Treasury and make oath before him to all the facts, matters, things and 
perquisites required, according to the provisions of this act, from an applicant for a license to use a 
boat in dredging for oysters, and the Comptroller of the Treasury shall certify to said oath in writing 
upon said license, for which said assignee or vendee shall pay the sum of five dollars for the benefit of 
the State of Maryland. 

And be it enacted, That the Comptroller of the Treasury shall have painted in black figures, on 
white canvas, two sets of numbers, corresponding to the license to catch oysters with scoop, scrape, 
dredge, or any similar instrument; each figure shall be twenty-two inches in length, and of propor- 
tionate width, and the figures at least six inches apart; and he shall give to each person taking out 
such license two numbers thereof, one of which shall be firmly sewed upon the starboard side and in 
the middle of that part of the mainsail which is above the close reef, and the other number on the 
port side and in the middle part of the jib which is above the bonnet and reef. These numbers shall 
be placed in an upright position and worn at all times during the dredging season, and shall not be 
concealed or defaced; and no other number shall be exposed to view or used than that which is fur- 
nished by the Comptroller, who shall register the number of each boat licensed as above, and shall 
record upon the license the number of the boat, and shall, upon the receipt of the sum of fifty cents 
for each number, issue duplicate numbers; and any person who shall use, in dredging for oysters, any 
licensed boat which is not numbered according to the provisions of this section, shall be liable to the 
penalties pi-escribed in this act for dredging without a license. 

The Comptroller of the Treasury shall give into the hands of each person who shall receive 
from him a license to use any boat in dredging for oysters, and into the hands pf each assignee or 
vendee of any such boat, a copy of this act, together with a map or maps of the Deep-Water Oyster 
Fishery, upon which map or maps the districts where dredging is allowed by law shall be clearly de- 
lineated; and the Comptroller of the Treasury shall cause a similar copy of the hereinbefore named 
laws and maps to be delivered or sent by mail to any citizen of Maryland upon receipt of a request 
for such laws and maps and the sum of fifty cents. 

And be it enacted. That the oflicer in command of each boat of the State Fishery Force shall keep 
a daily record of the numbers of all vessels engaged in dredging in his district, and shall forward this 
record on the first day of each month to the Board of State Oyster Commissioners, who shall enter it 
in a book kept for this purpose, and whenever this record shall indicate that two or more boats are 
dredging under -the same number, the Commander of the Fishery Force shall issue orders to all ofli- 
cers to overhaul and examine all boats which exhibit said number, and to arrest all persons and to 
seize all boats which are not licensed as herein provided. 

And be it enacted. That any resident of this State desiring to use any boat in taking oysters from 
public beds with rakes or tongs, for sale, shall first obtain from the clerk of the Circuit Court of the 
county wherein he may reside a license therefor; and such license shall have effect from the first day 
of June, in the year in which it may have been obtained, to the first day of June next succeeding: 
provided that such license shall not authorize the use of said boat or canoe in taking oysters within 
the limits of districts ISTos. 2, 4, 6, 8 and 10, or on any bed which may be reserved and buoyed by the 
officers of the State Fishery Force, according to the provisions of this act; or the taking of oysters in 
the night tiaie or on Sunday, or between the first day of April and the fifteenth day of October. 

And be it enacted, That each license to take oysters, for sale, with rakes or tongs, shall state the 
name and residence of the person to whom the same is granted, the number of said boat, the period 



179 

at which said license will expire, and the length of the boat or canoe, measured along the top over all; 
and every applicant for such license shall pay to the clerk of the court where such license may be 
granted, and before the issuing and delivery of the same, according to the following rates, viz: For 
any boat measuring in length twenty feet or less, the sum of two dollars; measuring from twenty to 
twenty-five feet, the sum of three dollars; measuring from twenty-five to thirty feet, the sum of four 
dollars; and for any boat over thirty feet long, including sloops under custom-house tonnage, the sura 
of five dollars; and no license to take oysters with rakes or tongs shall be issued to any boat or vessel 
which is licensed to take oysters with scoop, scrape, drag, dredge, or any similar iiistrument; and the 
Comptroller of the Treasury shall cause to be printed and delivered to the clerks of the Circuit Courts 
of the several counties the requisite number of blank licenses, and he shall take receipts for the same, 
as for other licenses furnished; and the said clerks shall, on the first Monday in March and December 
in each year, return to the Comptroller of the Treasury a list of all licenses issued, and shall pay to 
him, to the credit of the oyster fund, all moneys received for licenses. 

A7id be it enacted, That every applicant for a license to use any canoe or boat in taking oysters 
with rakes or tongs shall be required to make oath or aflirmation before the clerk authorized to issue 
the same, or before some justice of the peace, on whose certificate of the taking of such oath or affir- 
mation the clerk shall issue said license, that the facts set forth in said license are true; that he has 
been a 6on(Z _/?(^e resident of the State for the twelve months next preceding his application; that he 
will not allow said canoe or boat to be used in taking oysters by non-residents of the State; .that he 
will comply with all the laws of the State regulating the taking of oysters; and every person to whom 
such license shall be granted shall paint the number of his canoe or boat on the outside thereof, near 
the gunwale, in black figures not less than three inches long and of proportionate width, on a white 
ground, and no number other than that in said license shall be exposed to view on said canoe or boat; 
and any person who shall use for taking oysters any licensed canoe or boat which is not numbered 
according to the provisions of this act shall be liable to the penalties prescribed by this act for takino- 
oysters without a license. 

And be it enacted, That the Clerk of the Circuit Court shall give into the hands of each person 
who shall receive from him a license to use any canoe or boat in taking oysters for sale with rakes or 
tongs, a copy of this act, together with a map or maps upon which the waters where the taking of 
oysters is prohibited shall be clearly delineated, and the Comptroller of the Treasury shall cause to be 
printed and delivered to the Clerk of the Circuit Court the requisite number of copies of this act and 
of the map or maps above named, and shall take receipt for the same. 

And be it enacted, That all oysters which are taken from any of the public waters of this State 
shall be culled upon their natural beds as they are taken, and any person who shall remove or take 
away from any of the public waters of this State any oyster shells except those which are so firmly 
fastened to living oysters that they cannot be removed without injuring the oysters; and any person 
who shall take or sell any oysters for the purpose of converting their shells into lime, or for the pur- 
pose of using their shells in the manufacture of iron, or for the purpose of manuring laud; and any 
person who shall use any oysters for manuring land, or in the manufacture of iron, or in the manufac- 
ture of lime; and any person who shall take oysters within this State on Sunday, and any person who 
shall take oysters in any of the public waters of this State between the first day of April and the 
fifteenth day of October; and any person who shall take oysters within the limits of Districts ISTo. 2, 
No. 4, No. 6, No. 8 aud No. 10, and any person who shall, without authority, take oysters from any 
grounds appropriated for the cultivation of oysters under the provisions of this act; and any person 
who shall wilfully injure any grounds thus appropriated for the cultivation of oysters, and lawfully 
designated, marked out and enclosed, or the oysters therein, by depositing mud or other substances 
thereon; and any person who shall wilfully injure, remove or displace any buoys, bushes, stakes or 
other marks which jnay be used to mark out any ground^ appropriated for the cultivation of oysters : 



180 

and any person who shall injure the dam or gate of any oyster pond ; and any person who shall 
remove from any ground appropriated for the cultivation of oysters any substance upon which young 
oysters will set ; and any person who shall be found within the boundaries of any ground appropriated 
for the cultivation of oysters, having in his possession any instrument for taking oysters, and being 
in the customary attitude for using such instrument; and any person who shall use in taking oysters in 
this State any boat propelled wholly or in part by steam; and any person who shall take oysters with 
scrape, scoop, drag, dredge, or any similar instrument anywhere in this State except within the limits 
of District No. 1, No. 3, No. 5, No. 7, No. 9 and No. 11 ; and any person who shall take oysters in 
this State with scoop, scrape, drag, dredge or similar instrument without having in his possession at 
the time the license required by the provisions of this act, and without exhibiting the numbers 
required by the provisions of this act; and any person who shall use for taking oysters in this State for 
sale, with rake or tongs, any canoe or boat, without having in his possession at the time the license 
required by the provisions of this act, and without exhibiting the number required by this act ; and 
any person who, being a non-resident of this State, shall take oysters in this State, shall be guilty of 
felony, and any person who shall be convicted of any of the offenses hereinbefore named, committed 
in the day time, shall be imprisoned in the penitentiary for not less than one nor more than three 
years for each offense; and any person who shall be convicted of any of the offenses hereinbefore 
named, committed in the night-time, and any person who shall take oysters in this State in the night 
time, shall be imprisoned in the penitentiary for not less than two nor more than five years, for each 
offense, and it shall be the duty of all sheriffs, deputy sheriffs, and constables, and of all officers of the 
State Fishery Force, to arrest all persons found violating any of the provisions of this act, and to bring 
them before a judge of the Circuit Court or a justice of the peace, to be dealt with as herein provided; 
and any boat or canoe or vessel of any kind used in the violation of any of the provisions of this act 
shall be forfeited to the State of Maryland, together with all her outfit, apparel and furniture, and all 
sheriffs, deputy sheriffs, and constables, and all officers of the State Fishery Force shall and any other 
person may seize any canoe, boat or vessel of any kind which shall have been used in violation of the 
provisions of this act, together with all her outfit, apparel and furniture, wherever found, within one 
year thereafter, and hold said property to be dealt with according to the provisions of this act; pro- 
vided that nothing in this act shall be construed to forbid the holder of any grounds appropinated 
under the provisions of this act, for the cultivation of oysters, from taking said oysters, or from work- 
ing upon said grounds, in am' manner and at any time that said person may choose, except on Sunday 
or in the night ; and provided that whenever any boat or vessel shall be used in the violation of any 
of the provisions of this act, the person in command and the owner or owners, if aboard, and the 
master named in the license of said boat, if aboard, shall be held responsible, and shall be proceeded 
against as hereinafter provided. 

K any canoe, boat or vessel of any kind shall be seen in the attitude which is customary for 
taking oysters, in any of the waters where the taking of oysters is prohibited by the provisions of this 
act, the said canoe, boat or vessel shall be pursued by any officer authorized by this act to make 
arrests, and if said canoe, boat or vessel shall be found to have on board any wet oysters or shall be 
found to have on board any instruments for taking or catching oysters, it shall be prima fiicia evi- 
dence that said canoe, boat or vessel has been used in violation of this act, and it shall be the duty of 
the officer to arrest the person in command of said canoe, boat or vessel, and the owner and master, 
if aboard, and to bring the same before a judge having jurisdiction, and to seize said canoe, boat or 
vessel with all her outfit, apparel and furniture, and to bring them before a judge of the Circuit Court 
or a justice of the peace, to be dealt with as herein provided. 

Aiid be it enacted, That upon information given under oath to any judge of a Circuit Court having 
criminal jurisdiction, or to a justice of the peace, of any violation of the provisions of this act, he shall 
issue his warrant to the sheriff" or any constable, or to any person whom he may authorize, requiring 



181 

him to proceed forthwith to arrest the party or parties alleged to have so offended, and to seize and 
to take into his possession any canoe, boat or vessel alleged to have been used in such oftence, 
together ,with all her outfit, apparel and furniture, and to produce such alleged offender before said 
judge or justice, and to retain in his custody such canoe, boat or vessel, to be dealt with according to 
the provisions of this act, and to make such arrest and seizure the said officer may, if necessary, 
summon the posse comitatus. 

And be it enaeied, That the judge or justice of the peace, before whom any person may be brought, 
charged with a violation cvf the provisions of this act, shall swear the party so charged, to enter into 
recognizance with two sureties approved by said judge or justice of the peace, in a sum not less than 
five hundred dollars, for his or their appearance at tlie first term of the Circuit Court thereafter,- and 
in default thereof, may commit said person or persons to jail; but the said person or persons so 
charged may elect to be tried without delay before said judge or justice, in which case the said judge 
sr justice shall proceed forthwith to hear and determine the said charge; and if in any trial the said 
charge shall be sustained, the said court, or judge, or justice of the peace, shall impose the penalties 
prescribed in this act; and whenever any person authorized by this act to seize any boat, or canoe, or 
vessel, alleged to have been used in violating the provisions of this act, shall seize any such canoe, 
boat or vessel, said person shall forthwith give notice to any judge or justice having jurisdiction, and 
said judge or justice shall order notice to be given to the person who was in possession of the jiroperty 
seized, or to the owner thereof, if known, that the charge of the commission of such offense will be 
tried at the next term of the Circuit Court of the county in which such offense is alleged to have been 
committed; or, if the said person in possession, or owner, shall elect to have an immediate trial before 
said judge or justice, then the said judge or justice shall proceed forthmth to hear and determine 
whether the said property was used contrary to the provisions of this act ; and if in any trial the said 
property shall be found to have been so used, the court, or judge, or justice, so finding, shall give 
immediate notice to the Board of State Oyster Commissioners, who shall at once take possession of 

said property and convey it to ; and on the first day of each February, May, August and 

November, the Board of State Oyster Commissioners shall publish in two daily palpers printed in Bal- 
timore and in two newspapers printed in other parts of the State, a list of all the forfeited property in 
their custody, and they shall, at the same time and places, give notice that said property will be sold 
on the first day of the next month, at their office, to the highest bidder for cash, and on the first day 
of March, June, September and December, they shall cause all forfeited property, which has thus 
been advertised, to be sold at public auction, from the steps of their office, to the highest bidder for 
cash. 

And be it enacted, That no person who buys or sells oysters for food shall have in his possession 
any oysters so small that a bushel measure, as defined by law, shall contain more than three hundred 
of them, in their shells, and each oyster, the shell of which measures more than one-fourth of an inch 
in any direction, shall be legally an oyster, in the enforcement of this section. The penalty for the 
violation of the provisions of this section shall be a fine of $50 for each offense, and the officers of the 
police boat shall visit all oyster-packing houses at least twice in each year for the enforcement of this 
section, and they shall have power to seize and take away any oysters which are herein prescribed, and 
they may sell said oysters for seed to be planted, and the proceeds of such sale shall be paid to the Comp- 
troller of the Treasury to the credit of the oyster fund. 

And be it enacted, That no person shall use any oyster shell for conversion into lime, nor in the 
manufacture of iron, nor in making roads or wharfs, under a penalty of $1 per bushel for all the shells 
so used ; and no person shall de})0sit any shells in the public waters of the State in the night time, or 
on Sunday, or from any vessel which is at anchor, or which is not under way at the time, or upon any 
bottom which has not been designated for the dumping of shells by the Oyster Commission, under 
24 



182 

a penalty of $50 for each offense ; and the Oyster Commissioners shall publish, at least twice in each 
year, in such newspapers as shall be designated for the purpose, notices of the spots where shells may 
be deposited,and at least one spot in each district shall be opened to the public for the depositing at 
all times, except at night or on Sunday. 

i^o person shall use for measuring oysters in the shell any measure which shall not have been duly 
inspected and sealed by the proper officers, under a forfeit of fifty dollars for each and every offense. 
Said forfeit shall be recoverable before any justice of the peace, by action of debt, in the name of the 
State of Maryland, one-half to go to tl>e informer and the other half to be paid to the Comptroller, to 
the credit to the oyster fund. Each bushel shall be equal to the contents of a measure of the follow- 
ing ilimensions, that is to say, sixteen and one-half inches across from inside to inside at the bottom, 
eighteen inches across from inside to inside at the top, and twenty-one inches diagonal from the inside 
chime to the top, and the same shall be even or struck measure. 

And be it enacted, That any person except an officer of the State Fishery Force, who shall arrest 
any person who shall be convicted of a violation of any of the provisions of this act, or shall seize any 
boat or vessel, or other property which shall be condemned under the provisions of this act, shall be enti- 
tled to receive one-half of the tine which may be imposed, and one- half of the proceeds of the sale of the 
property condemned, and all other moneys received for fines imposed under the provisions of this act, 
or for the sale of property condemned under the provisions of this act after the payment of costs, and 
all money received for licenses to take oysters in this State, and all money received for the sale of the 
right to cultivate oysters upon any grounds in this State, ahall be paid to the Comptroller of the 
Treasury to the credit of the oyster fund; and any court or judge, or justice who shall try any case under 
the provisions of this act, shall account to the Comptroller of the Treasury for all money received as fines, 
and shall also cause a copy of the record of such trial to be transmitted forthwith to the Board of Oyster 
Commissioners, and the expense of preparing and transmitting such record shall be included in the 
costs of said trial; and the Board of State Oyster Commissioners shall preserve a record of all trials 
under the provisions of this act, and the^' shall prepare and submit to each General Assembly, an 
analysis or digest of this liecord. 

Any person who shall resist any officer or person authorized under this act to make arrests of 
persons or seizures of property shall be deemed guilty of a misdemeanor, and upon indictment and con- 
viction therefor in any court having jurisdiction shall be imprisoned in the jail of the county where 
the case shall be tried, or in the penitentiary, for not more than two years, or fined not less than 
fifty dollars, or more than five hundred dollars, in the discretion of the court. 

And be it enaeted, That parties tried under this act and acquitted shall have the cost of such trial 
paid by the Comptroller of the State out of the oyster fund. 

And be it enacted, That nothing contained in this act shall deprive any person having the right to 
cultivate oysters under it of the right to bring a civil action for injury done to his property or rights. 

And be it enacted, That a Board of State Oyster Commissioners shall be established, to be composed 
of three commissioners, who shall perform all the duties required by the provisions of this act; and 
that the commander of the Fishery Force shall be one of- the commissioners, the Comptroller of the 
Treasury another, while the third shall be a citizen of Maryland especially appointed by the Governor 
of the State, by and with the advice and consent of the General Assembly ; and that said board shall 
be empowered to rent an office and to employ a clerk; and that they shall be required to be present at 
this office for the transaction of business from 10 A. M. to 3 P. M. on the second and fourth Saturday 
of each month. 

And be it enacted, That nothing contained in this act shall be construed to affect any prosecution 
now pending for the violation of the existing law in this Siate. 

And be it enacted. That all acts or parts of acts inconsistent with any of the provisions of this act 
are hereby repealed, and this act shall take eftect from the day of its passage. 



183 

AN ACT to amend An Act entitled "An Act for the protection of the aids to navigation established by 
the authority of the United States Lighthouse Board within the State of Maryland," passed at 
the January session, eighteen hundred and eighty-two. 

A7id be it enacted by the General Assembly of the State of Maryland, That an act, entitled "An act for 
the protection of the aids to navigation, established by the authority of the United States Lighthouse 
Board within the State of Maryland," passed at the January session, eighteen hundred and eighty-two, 
be amended by adding, after the words ."Lighthouse Board," wherever they occur, the words "or by 
the authority of the Board of Oyster Commissioners of the State of Maryland." 




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